Ex-Fayette man claims alibi will clear him in fatal shootings
A former Fayette County man, facing a possible death penalty in the 1995 shooting deaths of a Connellsville Township couple, has filed notice that he has an alibi defense.
David J. Robertson Jr., 25, now of Lehigh Acres, Fla., is charged with two counts of criminal homicide in the New Year's Day 1995 killings of Edward and Karen Marie Povlik.
The Povliks were found shot to death in their mobile home in the village of Broadford. Both a motive and a suspect eluded police until last year, when a state police 'cold case' squad tracked Robertson to Florida after friends came forward to accuse him.
Police contend the deceased couple sold illicit prescription narcotics and, in a dispute, refused to sell to Robertson any longer.
Relatives said the victims were last seen at a 'low-key' New Year's Eve party at their home.
Fayette County District Attorney Nancy D. Vernon said she is seeking the death penalty because Robertson is accused of killing two people.
Last month, police also arrested an alleged co-conspirator, Gerald E. Powell, 34, of Connellsville Township.
Police contend that Robertson and Powell confessed their roles in the killings to friends on at least three occasions.
Powell has not yet had a preliminary hearing.
Robertson stated in the notice of alibi defense filed Monday that his former girlfriend, her parents and some friends will testify that Robertson could not have been at the scene of the shooting because he was with them until late morning on the day of the shooting.
According to the notice, filed in the Fayette County Clerk of Courts Office, witnesses have said the shooting occurred shortly after midnight.
According to police, Robertson borrowed a nine-shot revolver from a friend, Gregory Rosensteel, several days before the shootings. Rosensteel told police that Robertson said he wanted the weapon for target shooting.
However, other witnesses told police that Robertson allegedly said he was 'going to Povlik's house and cause some trouble' and that he 'was going to do something he shouldn't.'
After the shootings, Robertson allegedly returned the .22-caliber weapon, which Rosensteel gave to police. Crime laboratory results showed that the weapon fired the fatal shots, based on a ballistics comparison.
Rosensteel told police that Robertson denied committing the killings. He said Robertson blamed another unidentified man, who police believe is Powell. Robertson allegedly said, 'I got the gun, but that guy pulled the trigger.'
Robertson's cousin, Tina Stockman, told police that Robertson talked to her about the homicides, going so far as to explain that 'the guy was facing toward me and the woman was running away.' Police said the statement matches evidence found at the crime scene.
