Homicide witnesses sentenced on Monday
Sep. 28—SUNBURY — Two witnesses who testified in the trial of Brian Heffner were sentenced on Monday for their involvement in the death of Sean Maschal.
David Michael Brown, 37, of Ashland, previously pleaded guilty in July to felony counts of criminal conspiracy to commit receiving stolen property and hindering apprehension and a misdemeanor count of abuse of a corpse. Northumberland County President Judge Charles Saylor on Monday sentenced him to a total of 3 years to 15 years imprisonment to be served once he is on parole for unrelated offenses in Schuylkill County.
Robert Villari Jr., 34, of Coal Township, pleaded guilty on Monday to two misdemeanor counts of tampering with evidence and obstructing justice and an amended misdemeanor count of receiving stolen property in front of Saylor. He was immediately sentenced to 11 1/2 months to 23 1/2 months in county prison, but will likely be released soon after already serving the maximum sentence due to being incarcerated for nearly four years.
Villari and Brown both testified against Heffner, 40, of Coal Township, in the trial in August. Heffner fired the gun that killed Maschal, 33, of Mount Carmel, in Mount Carmel Township on Sept. 12, 2017. Maschal was found the next day, off Route 901 in a wooded section of Mount Carmel Township, east of Locust Gap.
"The conduct of the three individuals after the death of Sean Maschal were particularly appalling," said Saylor at Brown's sentencing. "To roll him out the door, to take some of his property and go on their merry way to finalize the drug transaction, to stop for gas — one had a sandwich. The total disregard for the body after the tragedy that occurred prevents me from considering mitigation."
Saylor said he rejects any notion that Brown is entitled to have his sentence mitigated. The fact that 12 of the 15 charges are dropped is benefit enough, he noted.
Brown, the driver of the vehicle, testified that he didn't call for help, he helped clean blood from their clothes, body and vehicle and participated in trading the gun for bath salts.
Saylor also ordered Brown to pay $150 in fines, plus court costs and fees.
Brother pushes for maximum
Before sentencing, Mike Maschal, the brother of Sean Maschal, urged Saylor to make an example of Brown so others in the same lifestyle would think twice about where their lives are headed. Anything other than a maximum sentence is a "slap on the wrist, he said.
"It may save a life in the future," he said.
Mike Maschal said his brother was a great person who got mixed up in the wrong lifestyle. The family loved him unconditionally, he said.
Assistant District Attorney Michael Seward and defense attorney Kate Lincoln pushed for Saylor to consider Brown's cooperation with the investigation. They said he came to police and provided details and evidence long before he was charged with any crimes, and his information led to the successful investigation.
"His cooperation led directly to the apprehension and conviction of Brian Heffner," said Seward.
His cooperation was based on remorse, said Lincoln, and he was proactive in providing information to the police.
Brown, via videoconference from the State Correctional Institution in Camp Hill, apologized to the family of Maschal and said he should have done more that day. He said he thinks about it every day and is forced to live with his actions.
"My non-action is inexcusable," he said.
Brown said that he hopes his testimony and cooperation with the police helped bring closure to the family.
Villari apologizes
Villari also apologized via videoconference from the Northumberland County Jail.
Villari testified during Heffner's trial in August that he stole a gun from Ashland in order to exchange it for drugs. When Heffner shot Maschal, Villari admitted he threw the shells into the woods and then hid the gun magazine, his clothing and other pieces of evidence in a sewer drain—actions that were taken in order to hinder the police investigation into Maschal's death.
Defense attorney Richard Feudale said Villari cooperated "at the critical juncture" as to what occurred that day. He has been incarcerated for 46 months.
"It's been a long road for him," said Feudale.
Saylor also ordered Villari to pay $150 worth of fines plus court costs and fees. He gave credit to Villari for 1,381 days of incarceration. All other charges, including two felony counts of owning a firearm as a convicted felon, were dropped as part of the plea deal.
Heffner after a trial in August was found not guilty of third-degree criminal homicide. The jury found him guilty of a misdemeanor count of involuntary manslaughter, five felony counts of illegally possessing a firearm, receiving stolen property, criminal conspiracy to receive stolen property, carrying a firearm without a license and aiding consummation of a crime; and three misdemeanor counts of reckless endangerment, abuse of a corpse and tampering with evidence. He was found not guilty of theft by unlawful taking.
Because the jury found him not guilty of third-degree homicide that would have had a maximum prison sentence of 20 years, the leading charge is now the felony count of receiving stolen property, which carries a sentence of up to 10 years. A misdemeanor count of involuntary manslaughter carries a sentence of up to five years, according to Seward.
Heffner is scheduled for sentencing at 11 a.m. Friday in front of Saylor.
