Roberts brothers found guilty in Perdue death

Posted June 25, 2014 at 1:54 pm

Two local brothers charged in connection with the death of 73-year-old Frank Perdue in September of 2012 have been convicted on charges related to the death by a Clinton County Circuit Court jury.

Both Phillip Roberts and Thomas A. Roberts were both originally charged and subsequently indicted for murder in Perdue’s death. The victim was found dead at his resident on Perdue Road near the Clinton/Wayne County line on September 20, 2012. The following day, after warrants had been obtained on both Roberts brothers, they turned themselves in to Clinton County Sheriff Rick Riddle.

Preliminary autopsy results at the time of the incident indicated the victim died of blunt force trauma and multiple stab wounds.

Clinton Circuit Judge David L. Williams had set aside a full week for the trial, and it took the full week for the case to be resolved. That included one night of jury sequestration during deliberations of the guilt or innocence phase of the trial in which the defendants claimed self defense.

Following testimony by several witnesses, including the defendants themselves, the jury deliberated over a two-day period before announcing the verdicts and took about an hour in the sentencing recommendation phase.

The trial began last Monday, June 16 with jury selection and opening testimony. The jury began deliberating the case shortly after noon on Thursday and handed down their verdicts late Friday morning, according to court records.

Phillip Roberts, who was 33 at the time of the incident, was found guilty of first degree manslaughter, a class B felony, which carries a 10-20 year sentence, and second degree burglary, which carries up to five to 10 years. During the penalty phase, the jury recommended a sentence of 15 years on the first degree manslaughter charge and five years on the second degree burglary charge, to run concurrent for a total of 15 years.

Thomas Aaron Roberts, who was 38 at the time of the incident, was found guilty of reckless homicide, a class D felony that carries a sentence of five to 10 years and also second degree burglary charge. The recommendation was a sentence of five years on the reckless homicide charge and 10 years, the maximum penalty allowed, and recommended the sentences run consecutive for 15 years.

According to court records, Thomas Roberts will have to serve 20 percent of the sentence before being eligible to apply for parole, while Phillip Roberts, due to the crime he was convicted of being of a violent nature, will have to serve 85 percent of the sentence before being eligible for parole.

During last week’s trial, which had heavy police security presence, the jury deliberated late into the night Thursday and when they could not reach a verdict, were sequestered to stay at a local hotel, with the deliberations resuming the following morning.

Both Phillip and Thomas Roberts were represented at trial by Somerset attorneys Beth Stanziano and Mark Stanziano while the case was prosecuted by Commonwealth Attorney Jesse Stockton and Assistant Commonwealth Attorney Clay Hundley.

Judge Williams ordered a pre-sentence investigation report be prepared and scheduled final sentencing for both defendants on August 14 at 9 a.m. in Clinton Circuit Court.