Despite successful appeal, California woman receives identical sentence
A Washington County judge was ordered last year to give Diane McClelland a new sentence in light of the reversal of her conviction for allegedly conspiring to kill her elderly neighbor in California Borough.
On Thursday, the judge handed down what amounts to the same time in prison – and possibly a life sentence – for the rest of the crimes of which McClelland, 57, was found guilty in 2013.
Common Pleas Judge John DiSalle imposed the 24½- to 49-year prison sentence on charges that McClelland conspired with her husband and adult stepson – David A. and David J. McClelland, respectively – to steal more than $200,000 from 92-year-old Evelyn Stepko.
The widow lived alone next to the family in the Granville neighborhood.
Diane McClelland served seven years of her penalty already. Her attorney had asked for a more lenient sentence within the recommended guidelines for her remaining convictions.
“Obviously, we’re disappointed in the result,” said Stephen Paul, who represented her on appeal, following the hearing. He noted the new sentence was identical to the last one.
“We’re going to review our options and make a decision in the near future,” he added.
Deputy District Attorney Jason Walsh asked for a longer sentence than the guidelines called for.
DiSalle presided over McClelland’s trial and gave her the original sentence. Among the factors he cited during this week’s hearing were Stepko’s age and apparent inconsistencies in McClelland’s statements about her crimes.
In court, she made a brief statement saying she took responsibility for her actions; however, DiSalle said she maintained her innocence when interviewed during a recent pre-sentencing investigation and gave contradictory accounts of what she’d known about the burglaries at different times.
“In any case, I agree with the commonwealth that it’s appropriate to depart from the guidelines,” DiSalle said at another point in the proceeding.
Early last year the Superior Court reversed McClelland’s conviction for conspiracy to commit homicide in the stabbing death of Stepko, whose body was found in her home on July 18, 2011, at the end of almost two years of thefts from her by her neighbors.
David A. McClelland pleaded guilty to committing the murder during the final home invasion. He later died in prison.
A jury convicted David J. McClelland, a former police officer, of charges including second-degree murder and conspiracy to commit homicide. He has a pending appeal before the Superior Court. Now 34, he is serving a term of life in prison imposed by DiSalle.
Jurors convicted Diane McClelland on charges of dealing in proceeds of unlawful activity, receiving stolen property and hindering apprehension or prosecution, plus counts of conspiracy to commit theft, burglary and dealing in the proceeds of unlawful activity.
The three-judge panel upheld her convictions for those charges, but found the “evidence was not sufficient to prove (McClelland’s) participation in a conspiracy to kill” Stepko.
There was no testimony that put McClelland in the house during the burglaries. The prosecution contended during her trial that she conspired with her family members who took the money, and that they spent it to gamble and cover purchases including vehicles, a hot tub and home remodeling.
Stepko lived so frugally that she didn’t have running water. She didn’t trust banks, so she kept caches of money dating back decades in her house, where over $82,000 was found after her death.
Several of her relatives came to see McClelland receiving the new sentence.
“We’re very happy from what we heard,” said Delores Stepko Sprowls, the victim’s niece, who lives in Fallowfield Township.
“She might appeal, but if she appeals, we’ll be here again,” she added.