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Jurors spare life of convicted killer
East Liberty man found guilty in students' deaths in retrial
Friday, November 06, 2009

Ten years after he saved her from likely becoming the third murder victim in a day-long rampage, Squirrel Hill psychologist Barbara Vey posthumously returned the favor to Terrell Yarbrough, helping to convince jurors to spare his life.

And for the first time in public, Mr. Yarbrough expressed remorse for his actions, saying he is a changed man.

"I know an apology isn't even good enough," a weeping Mr. Yarbrough said to the families of Aaron Land and Brian Muha, shortly before he was sentenced to life in prison without the possibility of parole for the 1999 murders of the two young men.

Although Ms. Vey has died in the years since Mr. Yarbrough was charged with participating in the May 31, 1999, murders, previous statements she made in court about an encounter with Mr. Yarbrough on that day helped to reinforce claims from Mr. Yarbrough's defense team that their client did not have a gun.

They argued that while he was present at the murders of Franciscan University of Steubenville students Mr. Land, 20, of Philadelphia, and Mr. Muha, 18, of Westerville, Ohio, it was an accomplice, Nathan "Boo" Herring, who was the triggerman.

Ms. Vey said Mr. Yarbrough acted as her "protector" and placed himself between her and an angry Mr. Herring, who she said was threatening to shoot her with a large gun while trying to steal her BMW, just hours after the students' murders.

After deliberating for about 2 1/2 hours yesterday afternoon, Washington County jurors unanimously agreed that Mr. Yarbrough, 29, of East Liberty, should face life in prison rather than the death penalty for the shooting deaths of the students, who were robbed and kidnapped from their off-campus apartment, then driven 20 miles into Washington County, where they were each shot in the head near a steep hillside along Route 22.

Two days earlier, the same panel of nine women and three men found Mr. Yarbrough guilty of two counts of first-degree murder and conspiracy.

Telling Mr. Yarbrough that he appreciated his honesty, Common Pleas Court Judge John DiSalle sentenced him to two life terms, along with another 20 to 40 years in prison for conspiracy.

The sentences will be served consecutively after Mr. Yarbrough completes a 59-year sentence he received in Ohio for his part in the robbery and kidnapping of Mr. Land and Mr. Muha.

Though Mr. Yarbrough had already been convicted and sentenced to die nine years ago in Ohio for the murders, the Ohio Supreme Court ruled that he and Mr. Herring should be retried in Pennsylvania, where the bodies of Mr. Land and Mr. Muha were found several days after they went missing.

Convictions for robbery, kidnapping and other charges remained intact in Ohio.

Mr. Herring's retrial has not been scheduled yet, but county District Attorney Steven Toprani said it is possible a plea bargain will be arranged.

Mr. Yarbrough's defense team argued that his life should be spared because he led police to the bodies of the victims, and because Mr. Yarbrough had been diagnosed as "mildly mentally retarded" numerous times since the age of 13.

Yesterday's result, they said, was the best they could hope for.

"This was our goal," said defense lawyer Kenneth Haber. "Under the facts of this case, life in prison was the best possible outcome."

The families of Mr. Muha and Mr. Land said they were grateful that Mr. Yarbrough finally acknowledged his role in the murders in public. He admitted being present during the murders in a set of 1999 audio tapes made by police.

"I just want you to know I didn't kill them," Mr. Yarbrough told the families yesterday.

In their response to Mr. Yarbrough, family members of the victims said they hoped Mr. Yarbrough would pray for forgiveness and realize that he is equally culpable for the murders.

"You were there and you could have prevented this from happening," said Chris Muha, the brother of Mr. Muha. "Your life, though you don't deserve it, has value and you can change."

"Terrell, we've been praying for you for 10 years now and to see you stand up and say what you said is a good start," said Mr. Muha's mother, Rachel Muha.

Mr. Land's mother, Philadelphia psychotherapist Kathleen O'Hara, wasn't as ready to completely forgive Mr. Yarbrough, but said she was happy that he accepted some responsibility.

"That is the first time that Terrell has shown remorse, and I think it was sincere," said Ms. O'Hara while hugging a framed photo of her son.

"There is justice," said Mr. Yarbrough's paternal aunt, Tracy Marshall, who, along with other family members, expressed relief at the verdict.

Though prosecutors aimed for the death penalty, they said they would not criticize jurors.

"This jury acted out of mercy and that is a noble purpose," said prosecutor Michael Lucas.

Janice Crompton can be reached at jcrompton@post-gazette.com or 724-223-0156.
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First published on November 6, 2009 at 12:00 am
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