MCKEAN COUNTY MAN SENTENCED AFTER MURDER CONVICTION
District Attorney Stephanie Vettenburg-Shaffer reports that, following a sentencing hearing at the McKean County Courthouse, Anthony FENTON, previously convicted of Murder in the 3rd degree for causing the death of his girlfriend Tammy Prosser, was sentenced to 18 years to 36 years plus 1 year of consecutive reentry supervision.
Judge Kistler, specially presiding over the trial and sentencing, heard argument and testimony from the victim’s mother about the crime before imposing the sentencing. Letters were submitted by the victim’s two sisters and argument was made by the District Attorney for the maximum sentence. FENTON was convicted of Criminal Homicide – Murder 3; Aggravated Assault; Simple Assault; and Recklessly Endangering Another Person after a jury trial in June.
The murder charges were filed after Tammy Prosser was found unresponsive in an apartment above a Bradford business that she shared with FENTON, her long-time boyfriend, in May, 2021. Prosser was initially treated on-scene by City of Bradford Fire and EMS before being transported to BRMC and then ECMC in Buffalo where she was pronounced dead. An autopsy ruled it a Homicide. Initially charged with Aggravated Assault, Simple Assault and Recklessly Endangering Another person, FENTON’s charges were amended to add Criminal Homicide when Tammy was pronounced deceased from her injuries. Criminal Homicide is a general category of homicide and the jury decides if the offender is guilty of Murder in the 1st Degree, Manslaughter or anything in between. In this case, the jury convicted FENTON of Murder in the 3rd degree. Murder in the 3rd Degree carries a maximum of 20 years to 40 years.
The Judge sentenced FENTON to 18 years to 36 years finding that Aggravated Assault and the other crimes “merge” with the Homicide. FENTON will have to pay the costs of prosecution, have no contact with the victim’s family, pay restitution (including for funeral expenses) and other terms. He is NOT eligible for any early reentry program. DA Vettenburg-Shaffer: “I want to extend my appreciation to the expert medical treatment provided to Tammy Prosser by City of Bradford Fire and EMS and nurses at BRMC; City of Bradford Officers – particularly (Retired) Lt. Jason Putt, Chief Michael Ward, and Chief County Detective Ryan Yingling for their handling of the case from the beginning; and the jurors who sat through lengthy and difficult testimony.
Pennsylvania Law sets the maximum possible sentence at 20 years to 40 years. We are grateful that the Judge gave him close to the maximum sentence allowed at 18 years to 36 years (meaning he will serve at least 18 years before he can be considered for parole). No sentence can ever bring Tammy back but imposing a sentence close to the maximum that our legislature allows is appreciated. Obviously, a Judge cannot impose an illegal sentence. A finding of merger means that the Judge found that the crime of causing serious bodily injury (which meets the definition of Aggravated Assault) is included in Murder in the 3rd degree. Our law prevents an offender from receiving a sentence on the most serious crime and every lesser-included offense. Because serious bodily injury is included in Murder, FENTON cannot receive an additional sentence on the assault charges.” Original Post Following Conviction: FENTON CONVICTED OF CRIMINAL HOMICIDE (MCKEAN COUNTY, Pennsylvania: June 3, 2024):
District Attorney Stephanie Vettenburg-Shaffer reports that, following a 5 day jury trial at the McKean County Courthouse, Anthony Fenton, of Bradford, was convicted of Criminal Homicide (Murder in the 3rd degree) and related charges. On May 10, 2021, City of Bradford Police and Paramedics were dispatched to an unresponsive female at an apartment above a storefront on Main Street. Upon arrival, they found Tammy Prosser unresponsive on the floor.
They noticed severe swelling to her head and neck and significant bruising on her upper right chest. The defendant said the victim, later determined to be his girlfriend, had fallen down the stairs from their second story apartment the night before and ruptured a tumor on the side of her head. The paramedics were able to stabilize Tammy to allow her to be transported to BRMC but she never regained consciousness. Because it appeared she may have been the victim of an assault, police asked for the services of a forensic nurse at BRMC to collect evidence such as swabs from apparent bite marks on Tammy and take photographs. She and an emergency room nurse both testified in the trial.
Officers Jason Putt and Chief Michael Ward as well as other officers interviewed witnesses and obtained video surveillance from a nearby business and Top’s. Chief County Detective Ryan Yingling was also called to the scene on behalf of the District Attorney’s Office to assist in the investigation. Chief County Detective Ryan Yingling and Chief Ward interviewed the defendant at the City of Bradford Police Station and the defendant reiterated that the injuries were caused when the victim fell from the top of a staircase down to the bottom – a series of 11 steps, a landing, and 12 more steps. He told the officers that, after she fell, the bruising and swelling was instantaneous and impacted her motor skills causing her to stagger. He claimed they were on their way to Top’s to buy beer when she fell and, after she fell, he had to help her up at the bottom of the stairs and she still wanted to go to Top’s.
The cashier working at Top’s remembered waiting on the victim when she bought a 15 pack of beer and said she did not appear to have any injuries, was walking fine, and they exchanged pleasantries as he waited on her. The defendant told Chief Yingling and Chief Ward that, after they went to Top’s, he had to help Tammy up the steps of their apartment building. A review of the camera footage – which was played for the jury- disputed the defendant’s account. The defendant claims that, despite the condition she was in, once they returned home, Tammy wanted to engage in “rough sex” that he claimed explained the bite marks on her body. The defendant said that he believed neighbors would have thought they had a fight because he talks loud and wears boots in his house and is loud when he walks. Officer Putt secured the boots through a search warrant. (Retired) Officer Jason Putt, Chief Ward, and Chief Yingling all testified in the case along with 20 other witnesses, including the Pathologist who performed the autopsy and ruled the death a homicide who said that there were multiple impacts of trauma on the body made with an implement and a biomechanist, with prior work experience with the military and the NHL tasked with making safety modifications to military vehicles and NHL ice rinks.
He had performed an experiment on stair falls and testified that it was not possible for Tammy to fall from the top of the stairs, across the landing and down the remainder of the stairs and, further, her injuries were entirely inconsistent with a stair fall. He testified that the object used to inflict the injuries to Tammy would have had a hard edge that could have been footwear. Many of the witnesses testified to the patterns observed within the bruising that was described as numerous lines and arrows. A DNA expert testified at trial that the defendant’s DNA was on the bite marks, under Tammy’s nails, and on her clothes, and her DNA was on the toe of his boot. Numerous other people were critical to the case as well – including former friends who witnessed prior threats by the defendant, a former girlfriend of the defendant and others who had knowledge of some aspect of the case. Their willingness to provide information and testify was important to the verdict.
Fenton was initially charged with Aggravated Assault, Simple Assault and Recklessly Endangering Another Person. After Tammy died at ECMC in Buffalo, the Commonwealth added a count of Criminal Homicide. DA Vettenburg-Shaffer: “The verdict in this case brings Tammy’s family one step closer to being able to mourn the loss of their daughter without the legal process hanging over them. Tammy was the victim of domestic violence who suffered prior threats and assaults from the defendant. The horrible assault she suffered on May 10th, 2021 weighs on the minds and hearts of everyone involved in this case – our paramedics, medical professionals, police, and me. The care provided by our local medical professionals including Nate Mealy, Butch Kreiner, Evan Piganelli, Nate Stowell, Mike Campogiani, Cheryl Wier and Stephanie Morrison and the expert police work provided by (retired) Officer Jason Putt, Chief County Detective Ryan Yingling and Chief Michael Ward, to name a few, resulted in the conviction of the person who murdered Tammy even after they worked tirelessly to try to save her.
The community does not get to see the expert services we have locally. I can attest to this and I thank them for their work. The paramedics worked on Tammy for about a ½ hour and were able to transport her to the hospital which was her best chance at survival. And when she did not survive, the expert police work – both in the investigation by Officer Putt and in the interview of the defendant by Chief Ward and Chief Yingling -uncovered the actions that led to her death.
An interview in a Homicide case often means the difference in securing a conviction and senior officers’ navigation of such an interview is complex but, as this case shows, paramount in an investigation. I also want to thank the jury for taking time off from their lives to serve as jurors in such a complex case, hearing difficult testimony and seeing uncomfortable photographs. ” The defendant was convicted of Criminal Homicide – Murder in the 3rd degree, Aggravated Assault, Simple Assault and Recklessly Endangering Another Person. DA Vettenburg-Shaffer: “In a case like this, the Commonwealth charges Criminal Homicide and the jury determines which type of Homicide fits the facts from different types of Murder and Manslaughter. In this case, the jury found that the defendant committed Murder in the 3rd degree which is murder with malice but not with premeditation.”
District Attorney Stephanie Vettenburg-Shaffer prosecuted the case on behalf of the Commonwealth. (Retired) Officer Jason Putt and Chief Michael Ward were co-affiants on the case. Senior Judge Kistler presided over the trial. Sentencing has been scheduled for August 12 at 1:00. If you are the victim of domestic violence, please call the YWCA in Bradford at 888-822-6325 to see what services are available to help you. Created Jun 3rd, 2024 @ 5:15 PM | Updated Jun 4th, 2024 @ 9:32 AM