2 held on all charges in connection with shooting, killing innocent man in Lower Merion home invasion
NARBERTH, Pa. - The two men accused of shooting and killing an innocent man, and critically injuring his mother, during a home invasion in Lower Merion Township, will be held on all charges.
The judge made the ruling during a preliminary hearing for Kelvin Roberts, 42, and Charles Fulforth, 41, alleged co-workers at a junk removal company, Junkluggers, who went to the wrong address to execute their plan to steal guns from an elderly couple, according to investigators.
Both defendants did not make a comment as they were escorted out of District Court in Narberth by Lower Merion Police.
"What someone has in their mind, evolves, it changes," says Brianna Ringwood, Assistant District Attorney with the Montgomery Co. District Attorney’s Office. "It doesn’t really matter that their primary goal is to steal guns, because when they got in the house, they tragically and fatally shot and killed Andrew, and nearly killed Bernadette."
Investigators said Bernadette, who was lying in bed at the time recovery from a leg injury, was paralyzed in the shooting.
"Do we know exactly who fired what shots? No, but we do have evidence, as we presented today, of at least two guns that were used in that area of the house on the second floor," says Ed McCann, Assistant District Attorney with the Montgomery Co. District Attorney’s Office.
Among the four witnesses called by the Commonwealth today, a detective that analyzes forensic evidence testified that at least nine shots were fired, and almost all of them were in the bedroom where the Gaudio’s were found.
Detectives that interviewed both men said they both admitted to their involvement, though Roberts claimed he never entered the second floor or fired shots, and left to wait for Fulforth outside, but drove off as soon as police responded.
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A detective testified that Fulforth, who was allegedly wearing a ballistic vest during the crime, said he stole Bernadette’s jeep because "his ride was gone."
Roberts was the first suspect identified in the case, and after a nine-day manhunt, was arrest at Junkluggers, armed with pistol.
"He thought that was a safe place for him to basically turn himself in," says Robert’s attorney, Frank Genovese.
"With a gun?" asked FOX 29’s Kelly Rule.
"That is what we call a bad fact, in my business, but yes," says Genovese. "There’s no evidence at this point, at least in the record, that he agreed to anything other than to engage in a burglary, perhaps a robbery. He certainly didn’t ever agree to kill anyone."
Fulforth, during a brief recess in the hearing, could be seen talking to loved ones and periodically loudly laughing.
McCann says Bernadete Gaudio is now recovering at a rehabilitation center.
"It’s going to be a very long road for her," he says. "According to her family, she’s fighting to get better."
A GoFundMe for Bernadette and her oldest son has raised more than $300,000.