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Febres guilty on all charges

Jury deliberates 30 minutes over attempted homicide case

LEWISTOWN — Following 30 minutes of deliberation, a Mifflin County jury of seven women and five men found Jose Febres, 32, of Lancaster, guilty of seven charges, including attempted homicide, aggravated assault and recklessly endangering another person, Tuesday.

After day one of the trial, the prosecution rested after the physician’s assistant who treated the victim, two eye witnesses, the 9-1-1 call center supervisor and three police officers each testified about their conduct and observations on the day of the incident. The victim also testified about the incident itself, as well as the aftermath of the incident. Two expert witnesses also testified about their findings from testing the forensic evidence.

Michelle Bowers, the victim, testified that Febres was visiting her three-year-old son in Lewistown in February of last year and that, during his visit, Febres began punching her, then stabbing her with a kitchen knife, in the presence of one of her roommates and the child.

Day two of the trial, prior to jury deliberation, included one witness called by the defense. Joshua Garver, warden at Mifflin County Correctional Facility, testified that Febres, upon admittance to MCCF following his arrest for the stabbing, was checked visually by corrections officers and medically by MCCF Licensed Practical Nurses for physical injuries, markings and tattoos and that no injuries of any kind were documented by either the CO or LPN who examined Febres.

Stuart Cilo, Febres’ attorney, reminded the jury in his closing remarks that Febres remains innocent unless they determine him guilty beyond a reasonable doubt and that he believed there to be conflicts in several of the testimonies given.

“It’s your collective recollection that counts,” Cilo said.

District Attorney Christopher Torquato, in his summation, addressed the conflicts Cilo cited and advised the jury that none of those conflicts were relevant to deciding on the facts of the case. Torquato also reminded the jury the elements of each charge against Febres and described what evidence presented, including testimonies, he believed coincided with those elements.

“It’s up to you to decide what you believe,” Torquato said.

Prior to deliberations, President Judge David Barron gave instructions to the jury, which included defining reasonable doubt, advising them to consider the ability, manner and credibility of each witness, reminding them that Febres is presumed innocent and had the right not to testify, further explaining the elements of each charge and stressing that they each took an oath to try the case fairly and responsibly.

“It’s your responsibility to consider all the evidence you believe is important,” Barron said. “Your decision should not be based on sympathy or future consequences.”

After the jury, having only taken 30 minutes to come to a conclusion, delivered their guilty verdict, Barron ordered a pre-sentence investigation and scheduled Febres for sentencing on March 22 at 1:30 p.m. Febres was re-committed to MCCF to await sentencing.

Bowers said she was pleased with the verdict.

“I’m happy,” Bowers said. “He got what he deserved. Justice was served today.”

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