Gervais murder case continued

City man charged with killing his wife

LITCHFIELD >> The case of Daniel Gervais, a Torrington man charged with murder in connection with the death of his wife, was continued Tuesday in Superior Court.

Attorneys for the prosecution and de- fense agreed to set a probable cause hearing in Gervais’ case for June 29.

The hearing is necessary because according to Connecticut

General Statute 54-46a(a), “(n)o person charged by the state... shall be put to plea or held to trial for any crime punishable by death, life imprisonment without the possibility of release or life imprisonment unless the court at a preliminary hearing determines there is probable cause to believe that the offense charged has been committed and that the accused person has committed it.”

If the court finds there was probable cause to charge the accused with the crime of murder, the prosecution can continue, but a finding that there is no cause “shall not operate to prevent a subsequent prosecution of such accused person for the same offense.”

This hearing, under state statute, is required to be held within 60 days.

Attorney Tom Waterfall, representing Gervais, waived this requirement Tuesday, and State Attorney David Shepack noted the chosen date would run up against the mandated timeline.

Gervais was arrested May 3 by Torrington police and charged with murder, after his wife, Phyllis Gervais, was found dead in the couple’s home on Cider Mill Crossing on April 22.

Deputy Medical Examiner Maura DeJoseph determined the injuries Phyllis Gervais sustained were from blunt impact from at least three strikes of a weapon. DeJoseph ruled Phyllis Gervais’ death a homicide, according to an affidavit issued for Daniel Gervais’ arrest.

In all, police collected 57 separate pieces of evidence at the scene, according to the affidavit, including bloody clothing from a laundry basket, sponges, washcloths and a 24-inch steel rod with blood on it found on a shelf in the garage.

“All the described circumstances taken in totality show that Daniel Gervais cannot explain his actions and dispute the physical evidence developed against him that shows his involvement with the bludgeoning blunt force traumatic death of his wife,” police said in the warrant affidavit.

Gervais called Litchfield County Dispatch at 4:05 a.m. April 22, report-

ing that he believed his wife had fallen during the night and died.

Waterfall asked, as Gervais was arraigned May 4, that Gervais be placed on medical watch during court proceedings. Gervais had suffered a stroke on Jan. 17, he said, and other evidence of past strokes had been found during an examination at that time.

Murder is a Class A felony under Connecticut law, punishable by 25 to 60 years in prison, up to a $20,000 fine, or both.

A 60-year prison term is considered a life sentence in Connecticut, according to the Division of Criminal Justice.

Daniel Gervais