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Posted: 4:29 p.m. Thursday, Oct. 11, 2012
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By Kate Davison and NEWS9
BELMONT COUNTY, Ohio —
Two men accused of killing an elderly Bellaire woman were arraigned Thursday after they were secretly indicted by a grand jury.
Devin Fuller and Brandon Phelps are both are charged with four counts of aggravated murder, one count of burglary and one count of aggravated burglary.
The suspects are believed to be involved in the slaying of 92-year-old Lydia Ashworth, who was killed in June at her home on Fourth Avenue in West Bellaire.
Each charge of aggravated murder carries with it a possible death penalty sentence for the suspects. They were indicted on Wednesday.
"All the evidence was presented to a special grand jury yesterday. After hearing all of the evidence, this grand jury returned an indictment,” said Belmont County Prosecutor Chris Berhalter.
Fuller, 19, was arrested in Ohio County, W.Va., on Oct. 3. Phelps, 22, of Bellaire, was already in the Belmont County Jail on unrelated charges.
During Thursday’ arraignment in front of Judge John Solovan, both suspects had unwavering expressions, though their charges are significantly more severe than when they were first arrested.
Fuller’s case was heard first and he pleaded not guilty.
In addition to the other charges, Phelps is also facing incidental charges and specifications. In much of the same fashion as Fuller, Phelps appeared mostly indifferent. He also pleaded not guilty.
Because each charge of aggravated murder carries a possible death sentence, Berhalter said both suspects’ defense attorneys will need the proper certification to represent their clients.
"Those counts of aggravated murder are based on different underlying felonies. They include rape, aggravated burglary, burglary and trespass,” Berhalter said. "In a case such as this when you're looking at the possibility of imposing the most severe sanction that the state of Ohio can impose, there is a requirement the attorney's representing the defendants have and receive additional training as well as additional experience.”
Bellaire Police Chief Mike Kovalyk previously called the crime a "brutal killing" committed during a burglary.
"The investigation on this unthinkable crime is moving forward and the only thing that we would ask is that you keep the family of Lydia Ashworth in your thoughts and prayers,” Kovalyk said.
Stay with NEWS9, WTOV9.com and WTOV9 Mobile for continuing coverage.
-PREVIOUS STORY: Police: Elderly woman identified as Belmont Co. murder victim
-PREVIOUS STORY: Reward offered to find person who killed 92-year-old Belmont Co. woman
-PREVIOUS STORY: 2 charged in connection with elderly Bellaire woman's homicide
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