Two brothers already facing murder charges in connection with the alleged beating and stabbing death of a local man last September have been indicted on an additional charge of Complicity to Burglary first degree, a Class B felony that carries a sentence, if convicted, of 10-20 years.
The Clinton County Grand Jury, during its regular monthly session last Monday, March 18, returned the joint indictment naming Thomas A. Roberts, 39, and his brother, Phillip M. Roberts, 33, on the burglary or complicity to burglary charge.
The grand jury true bill alleges that both defendants “acting alone or in complicity with each other and having the intent to commit a crime when said defendant(s) knowingly entered or remained unlawfully in the building of Frank F. Perdue, when said defendants were armed with a deadly weapon or caused physical injury to Frank F. Perdue resulting in his death and said Frank Perdue was not a participant in the crime.”
Both defendants were also arraigned in Clinton Circuit Court the same day, appearing with their attorney Bethany Stanziano of Somerset, who entered not guilty pleas for both men.
During arraignment and a pretrial conference that was already scheduled, Circuit Judge David Williams set another pretrial conference for next Monday, April 1 at 9 a.m. and noted the Commonwealth is to elect whether to consolidate the cases (try both defendants at the same time) and whether or not they will seek the death penalty in the case.
Perdue, 73, died of what the State Medical Examiner’s office indicated was blunt force injuries to the head, neck and chest area and multiple stab wounds.
Police first responded to a residence on Perdue Road, near the Clinton/Wayne County line on September 20. According to Kentucky State Police reports at the time, Perdue was found dead at his residence by a friend at approximately 4:30 p.m.
After arrest warrants were issued on the two suspects, they later turned themselves in to Clinton County Sheriff Rick Riddle the following evening around 6:15 p.m.
The brothers were subsequently indicted on murder charges by a local grand jury. A trial date for the defendants has yet to be set.
In an unrelated local murder case, another pretrial conference was held last Monday for Ira Boles Dyer, III, who is charged with murder in relation to a vehicle accident that occurred almost two years ago.
Ina Edwards, 79, of Albany, died in the accident when her vehicle was struck by Dyer’s in a wreck that occurred on Hwy. 127 north of Albany. The defendant is also charged with three counts of wanton endangerment due to the passengers in his and Edwards’ vehicles and also four counts of second degree persistent felony offender, as well as other traffic related charges.
During the pretrial conference last week, Judge Williams noted the matter remains set for trial on May 29 and 30 and scheduled another pretrial conference for April 15 at which time the judge wrote that all motions need to be filed.
Dyer is being represented by defense attorney Angie Capps of Burkesville.