By KATHY MELLOTT
EBENSBURG — The houseguest accused in the shooting death of an Elton man will not face the death penalty if he’s convicted of first-degree murder at his upcoming trial.
Cambria County Assistant District Attorney Forrest Fordham said Tuesday he will not be seeking capital punishment against Antonio Winkleman, accused of the Dec. 9 murder of Scott Ickes.
“We looked at the aggravating circumstances and we did not think we could prove any of the elements beyond a reasonable doubt,” Fordham said following Winkleman’s formal arraignment in front of Judge Norman Krumenacker.
Winkleman, 25, of Johnstown faces a general charge of homicide along with counts of first-degree murder, aggravated assault and flight to avoid apprehension.
The DA’s office plans to prosecute Winkleman and co-defendant Heather Head in a single trial, Fordham said.
Head, 20, of Johnstown, who is free on bail, faces two counts of hindering apprehension. Police say she left the Ickes home with Winkleman following the shooting and stayed with him until her arrest four days later.
The shooting took place in a bedroom of Ickes’ home during halftime at a Steelers party.
Winkleman and Head had been living with Ickes, 51, for about a month and a half. Witnesses at Winkleman’s preliminary hearing in January suggested that he had cocaine that he refused to give to Ickes.
Ickes became persistent. He continued to badger Winkleman for some cocaine and an argument broke out between the two.
Ickes died as the result of three gunshot wounds – two in the chest and one in the right shoulder.
Police said Winkleman and Head fled the county, traveling as far as State College, where Head was arrested at a motel Dec. 13.
Winkleman was arrested the next day in Altoona.
State police testified at the preliminary hearing that Winkleman admitted to the shooting.
Winkleman’s court appointed defense team – John Kasaback and Paul Eckenrode – said they will not object to the defendants being tried together.
An objection may be filed by the Cambria County public defender’s office, which is representing Head.
Kasaback said he will, however, object to use of any confessions supposedly made by Winkleman to police.
A trial date has not been set.
