The Tribune Democrat, Johnstown, PA

Local News

July 29, 2009

Blair murder verdict: Guilty

HOLLIDAYSBURG — A Blair County jury ate lunch and convicted Shawn Patrick Dugan of first-degree murder in the shooting death of Marcus Chromy in a span of 55 minutes Wednesday.

The jury of eight men and four women also found Dugan guilty of aggravated assault, simple assault, disorderly conduct, recklessly endangering another person, unauthorized use of a vehicle and unlawful taking, all charges stemming from the July 6, 2008 death of Chromy, 39, of Daisytown at a remote camping area in Blue Knob.

Dugan stared straight ahead as the jury foreman read the first-degree verdict. He dropped his head, then looked up again and showed no emotion.

He will be sentenced Oct. 7 to life in prison without a chance of parole.

Members of the Dugan and Chromy families quietly wept as the verdict was read.

After the jury was excused, members of the Dugan family crossed the courtroom and embraced members of the Chromy family.

“Both families are good people,” Blair County District Attorney Richard Consiglio later said. “Nobody is a winner here.”

Dugan, 39, of Johnstown, Chromy and Dugan’s girlfriend – Donna Hawk, 44, of Johnstown – were into the second day of a camping trip at a remote location a half mile from the Cambria County line when Dugan, using Chromy’s 12-gauge shotgun shot Chromy in the left side. The bullet went through his lung and lodged in his heart, a pathologist testified on Monday, the first day of the trial.

The prosecution did not provide a motive for the crime, but testimony from Hawk and statements from Dugan portrayed two days of drinking with Chromy making sexual advances toward Hawk.

Dugan also apparently was upset because Chromy kept calling Dugan “Pretty Boy,” a nickname Hawk had for Dugan.

The defense did not present any witnesses.

There was some speculation that Dugan might take the stand in his own defense, but he told Judge Elizabeth Doyle that after conferring with his attorney, he chose not to.

In an hour-long closing, Dugan’s attorney, Kenneth Sottile of Carrolltown, told the jury that Dugan was angry and reacting to two days of confrontation with Chromy.

He urged a verdict of voluntary homicide, which would have carried a sentence of 15 to 30 years in prison.

After the verdict, Sottile said there were a great number of issues and a lot of tension leading up to the murder.

“Obviously I’m disappointed by the verdict. I thought there were a lot of things to consider,” he said. “They obviously considered them in a relatively short time. I am surprised at the length of the deliberations.”

Closing arguments by Consiglio and Sottile concluded by 12:15 p.m., and Doyle immediately presented an hour-long charge to the jury. By 1:15, the jurors began deliberations as they ate pizza.

They notified court staff of a verdict at 2:10 p.m.

Sottile said Dugan, a one-time construction worker, was extremely disappointment by the verdict.

“Throughout the whole thing, he’s always been remorseful. He’s cried at times I’ve been with him,” Sottile said.

Like Consiglio, Sottile said the families of both men have been deeply impacted.

Prior to the start of court Wednesday, Eleanor Chromy, the victim’s mother, gave Roseann Dugan, the defendant’s mother, a hand-crocheted shawl. The courtroom has at times been cold during the trial.

Consiglio said the jury was able to see through the sometimes conflicting testimony and didn’t accept a theory of overwhelming anger, which may have resulted in a voluntary manslaughter verdict.

“It was a pretty clear case. I thought it was an extremely strong case. I felt the evidence was overwhelming,” he said.

He praised the team of state police investigators who spent countless hours in Johns-town tracking down witnesses needed to build the case.

Consiglio said he is convinced Hawk played no role in Chromy’s murder, but she will enter a guilty plea to hindering apprehension and a handful of other charges in August.

The Chromy and Dugan families declined any comment.

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