Uniontown man found guilty of third-degree murder in ‘love triangle’ homicide
A jury found Wiley Estill Gambrel guilty of third-degree murder and all other charges filed against him after about 3 1/2 hours of deliberation Monday in the death of James 鈥淛ay鈥 Plance.
Gambrel, 59, shot the 45-year-old man in the head July 18 in front of the victim鈥檚 girlfriend, stuffed his body into a cardboard box, loaded it onto his van with a dolly and dumped it at his Georges Township HVAC shop.
The seven-woman, five-man jury heard five days of testimony about Plance鈥檚 death, stemming from a drug-fueled love triangle. Plance and his girlfriend, Deana Jean Hughes, 34, traded sex with Gambrel for crack cocaine. The jury saw 155 pieces of evidence from the commonwealth and heard from about three dozen witnesses in the trial.
Plance鈥檚 family appeared anxious and tearful as they awaited news of the verdict in the courtroom. They exchanged glances as the verdict was read and did not comment following the announcement.
Gambrel took a deep breath as he walked to his seat before the verdict was announced.
He was also found guilty of abuse of a corpse, tampering with evidence and person not to possess a firearm.
His attorney, assistant public defender Michael Aubele, said he will file an appeal on Gambrel鈥檚 behalf.
鈥淲e disagree with the jury鈥檚 verdict, but we certainly respect their decision,鈥 he said.
He asserted at trial his client gave police a false confession. Gambrel took the stand Friday saying Hughes shot Plance. He claimed he took responsibility to protect her.
Fayette County District Attorney Rich Bower said the verdict shows the jury believed the commonwealth met its burden of proof and did not believe the story of the false confession.
鈥淎s a result, justice has been served,鈥 he said.
During closing arguments, Aubele attempted to poke holes in the commonwealth鈥檚 narrative and restated Gambrel gave a false confession to protect Hughes.
He contended a conflict began at the 280 Ringer Road trailer in Smithfield when Plance began acting 鈥渆ccentric鈥 under the influence of crack cocaine.
鈥淒eana said something to upset him, and he put his hands on her, like he had done many times in the past,鈥 Aubele said.
Recounting Gambrel鈥檚 testimony, he said Hughes waived the rifle toward Plance and 鈥渋nadvertently or intentionally鈥 pulled the trigger.
He addressed inconsistencies with Hughes鈥 statements to police, including identifying the shooter twice as a different man. He questioned why Hughes, who testified her inconsistencies were due to fear, never ran away from Gambrel or called 911. He asserted Gambrel was not 鈥渙bsessed鈥 with Hughes, and instead, said the couple was 鈥渢aking advantage鈥 of him.
鈥淭he problem, ladies and gentleman, is she never cared about him. He was being played,鈥 Aubele said.
Aubele contended gunshot residue found on Gambrel鈥檚 hands was from dismantling the gun shortly before police arrested him at his 3540 Morgantown Road shop, where he stashed the body. Aubele argued the gun was always in the trailer and belonged to the couple, pointing to evidence of messages Hughes sent about purchasing a gun, and of shotgun shell boxes at the trailer.
Aubele portrayed Gambrel as a 鈥渉ardworking, contributing member of society,鈥 contrasting him with Hughes and Plance who lived on Social Security Income. He said they used Gambrel for drugs and money.
鈥淣ow Wiley should have known better, but Wiley was a lonely guy. He had no friends,鈥 he said.
After spending nearly one year in Fayette County Prison, he said Gambrel retracted his confession because he realized the couple was taking advantage of him.
鈥淗e realized that she wasn鈥檛 worth giving his life up over,鈥 he said.
Bower said at closing arguments the jury should return a first-degree murder conviction. He told the members of the jury not to throw away their common sense. He spoke about 鈥渃onsciousness of guilt,鈥 saying the actions Gambrel admitted on the stand 鈥 including cleaning up the crime scene, putting the body in a cardboard box and dismantling the gun 鈥 demonstrated he was guilty of killing Plance.
He explained the shotgun shell boxes were in the trailer because Gambrel lived in the trailer with the couple from April to June. In Gambrel鈥檚 statement to police, he knew specifics about the rifle and that it was loaded.
Bower read from the transcript of Gambrel鈥檚 statement to state police. When they asked if he killed Plance, 鈥淲ithout hesitation, the defendant said, 鈥榊es,鈥 Bower said.
When asked for more details, Gambrel responded, 鈥淎in鈥檛 no sense in lying about it.鈥
Gambrel spoke of his feelings for Plance several times during the statement.
鈥淚 did have feelings for her. I don鈥檛 deny it to anybody,鈥 Bower said, reading Gambrel鈥檚 words from the transcript.
He addressed Hughes鈥 inconsistent statements, saying people can do illogical and irrational things when they are scared.
鈥淪he had just seen the man she loved shot and killed by the defendant,鈥 he said. 鈥淎nd it doesn鈥檛 matter that they鈥檙e on SSI, and it doesn鈥檛 matter that he鈥檚 a hardworking individual. Hardworking individuals kill people.鈥
During Gambrel鈥檚 testimony Friday, Bower asked about a text he sent June 24, saying, 鈥淎pproximately 3 1/2 weeks before you killed James Plance?鈥 Gambrel answered, 鈥淵es.鈥
鈥淗e confessed, right in front of you, that he killed James Plance,鈥 Bower said to the jury.
Bower addressed a text Plance sent to Gambrel a few hours before the shooting, saying 鈥淚 think it鈥檚 best to end the friendship.鈥
When Gambrel held the gun to Plance鈥檚 head, he said, 鈥淚鈥檓 sorry that it has to end this way,鈥 Bower said.
Gambrel will be sentenced at 3 p.m. Wednesday before Judge Steve P. Leskinen.