Thirty-four years after 16-year-old Mary Gency's life ended tragically on a remote Fallowfield Township road, justice was served, her family and prosecutors somberly proclaimed.
Robert William Urwin Jr. was convicted Tuesday of third-degree murder in the Feb. 13, 1977, beating death of the North Charleroi girl.
He faces 10 to 20 years in prison.
The guilty verdict came from Washington County Judge Paul Pozonsky after about 30 minutes of deliberation. Urwin 54, of 17 Coal St., Dunlevy, had opted for a nonjury trial.
As the verdict was read, Urwin's two teenage daughters wept - then fled the courtroom and could be heard wailing in the hallway.
In May 2010, Urwin and David Davoli, 54, of 1105 Meadow Ave., Charleroi, were charged with criminal homicide.
However, in a plea deal, Davoli likely ducked the homicide charge by testifying against Urwin and pleading guilty to tampering with physical evidence and hindering apprehension.
Davoli testified that Urwin beat Gency to death after the three engaged in sex and drug use. Gency, whose body was discovered Feb. 17, 1977, by hunters, died of a skull fracture.
Davoli is scheduled to be sentenced Dec. 15. He likely faces two to four years in prison.
Sheila Urwin criticized Davoli's plea bargain.
"At least my husband went to court to fight, because he didn't do it," Sheila Urwin said.
"At least my husband had the decency to stand up for his rights."
She said her family held out hope for acquittal until the end.
"We're Christian people," Sheila Urwin said. "We believed God was going to bring him home. Hopefully, it will be turned around."
District Attorney Steve Toprani defended the plea agreement that led to Davoli's testimony.
Toprani said his office conferred with the Gency family several times before offering Davoli a deal.
He declined to discuss the fact that Urwin was convicted of third-degree murder, not first-degree murder.
First-degree murder carries a mandatory life prison sentence, with no chance of parole.
"The fact that we were able to get a conviction after 34 years speaks for itself," Toprani said.
Toprani thanked his staff and the state police for their work in the case. Toprani, who is leaving office at year's end, said he has made cold case homicides a priority.
"Nothing disturbs a community more than an unsolved murder," Toprani said.
"This is truly a regrettable crime - one that haunts not only the Gency family, but the whole Mon Valley. I'm pleased with the judge's verdict. It fits the facts in this case. I hope it brings some degree of closure for the family."
In closing remarks, defense attorney Joe Francis said that to convict Urwin, the judge had to believe Davoli was telling the truth and that DNA evidence on Gency's clothing established that Urwin beat her to death.
Francis said Davoli, the star prosecution witness, "told a 34-year collection of lies."
He said it was not until Davoli sat in a jail cell for more than a year that he implicated Urwin.
Francis said Davoli's reasons for remaining quiet for more than three decades "defies logic."
Davoli said he feared for his family's safety and feared he would be prosecuted for providing drugs to and having sex with Gency, a minor.
Francis pointed to inconsistencies in witness accounts of the number of people in Davoli's car the night of the murder. He said DNA evidence - if believed - only proved Urwin had sex with Gency.
Assistant District Attorney Chad Schneider said the fact that Urwin kept interjecting himself into the case - contacting state police 13 times over the years with alleged leads - is consistent with someone involved in the crime.
He painted Urwin as an abusive boyfriend who beat Gency.
As he described the abuse - and the events that led to Gency's death - Urwin slowly shook his head no.
"This time it was different," Schneider said of the Feb. 13, 1977, encounter. "This time, it killed her."
Schneider argued for a first-degree murder conviction, saying a murder can be premeditated if the victim plans it for just seconds.
Francis said he was disappointed with the verdict, adding that some "silver lining" comes with the third-degree conviction.
Urwin, scheduled to be sentenced Dec. 20, does not face life in prison.
Urwin will be sentenced based on 1977 guidelines. Under current guidelines, the sentencing range for third-degree murder is 20 to 40 years in prison.
Francis said Urwin has been a law-abiding citizen for the past three decades and hoped that would factor into his sentence.
Francis said he plans to file a post-verdict motion questioning whether there was sufficient evidence to support the verdict.
Pam Nichols - Mary Gency's sister - read a statement from the family.
"The sad thing is that all of the families in this case lose," she said in the statement.
The family thanked Pozonsky for the "hard decision" he made.
As she was preparing to walk out of the courthouse, Nichols paused to say she felt the right decision had been rendered.
"It will never fade, but at least there is some justice served," Nichols said.







