Wholaver Charged With Three Murder Counts

The Patriot News

January 14, 2003

By Theodore Decker

Of The Patriot News

A former Middietown man was charged yesterday with three counts of murder in the shooting deaths of his wife and two daughters, with authorities alleging that he had made good on several threats to kill them.

Ernest Wholaver Jr., 42, is accused of killing Jean Wholaver, 43, and the couple’s daughters, 20-year-old Victoria and 15-year-old Elizabeth, after breaking into the family home in the 800 block of North Union Street before dawn on Dec. 24 as his younger brother waited outside, according to documents issued by a Dauphin County investigating grand jury.

Ernest Wholaver, who was facing trial on charges that he sexually molested his daughters and was free on bail when the killings occurred, is expected to be arraigned on the new charges sometime today before District Justice David Judy.

Saying they believe they can prove Ernest Wholaver acted with malice and forethought, authorities charged him with murder, rather than the blanket charge of criminal homicide, which includes varying degrees of murder and voluntary and involuntary manslaughter.

In addition to the three counts of murder, he is charged with one count each of burglary, recklessly endangering another person, conspiracy to commit burglary and obstruction of the administration of law.

The reckless endangerment charge refers to Madison Wholaver, Victoria’s 9-month-old daughter, who was found unharmed in the house near her mother’s body on Christmas Day.

Ernest’s brother, 28-year-old Scott Wholaver, already has been charged with conspiracy and three counts of criminal homicide. Authorities have said they do not believe Scott Wholaver was the shooter.

The charges against Ernest Wholaver were filed based upon a formal recommendation by the investigating grand jury, which is known as a presentment. The grand jury heard testimony in the case last week.

Wholaver’s attorney, Spero T. Lappas, pledged a vigorous defense after seeing the presentment yesterday.

“Up until now, the investigation of this case has taken place in secret, with sealed warrants, secret testimony and behind closed doors,” Lappas said. “The filing of these charges entitles Mr. Wholaver to a speedy public trial, and we anxiously await the opportunity to defend this case in open court.”

Dauphin County District Attorney Edward M. Marsieo Jr. declined comment on the charges yesterday, saying a press conference is slated for this morning.

Wholaver has been in Dauphin County Prison since Jan. 2, when his bail was revoked in the prior sexual assault case.

Judging from the presentment, prosecutors are hinging much of their case on the information given to them by Scott Wholaver.

Scott Wholaver, who authorities say originally backed Ernest’s claim that the two had been spotting deer in Cambria County when the homicides occurred, eventually told police that he had helped his brother both before and after the killings, according to the presentment.

Scott Wholaver said he and his brother had been drinking early on Dec. 24 at a local bar in Cambria County, the presentment states.

“After departing the bar, Ernest Wholaver Jr. indicated that he wished to go to his former home in Middletown to get his dog,” the presentment states.

Ernest Wholaver had been prohibited since July from going to the home, under the conditions of his bail release in the sexual assault case and a protection from abuse order obtained on behalf of Elizabeth Wholaver.

Scott Wholaver, according to authorities, said he parked about a block away from the home around 4 a.m. Ernest Wholaver got out and walked toward his old home, the presentment said.

Ernest Wholaver returned about 10 minutes later, “in an agitated state and instructed Scott Wholaver to drive away,” the presentment continues, based on Scott Wholayer’s statement.

“Scott Wholaver also indicated that on a prior occasion, Ernest Who1aver had indicated that he would kill Jean Wholaver, Victoria Wholaver and Elizabeth Wholaver,” the presentment states.

The presentment also refers to an uncle of the brothers who reported that they did not come home, on the night of Dec. 23-24. The document states that a .22-caliber revolver was seized during a search of the Cambria county home of Ernest Wholaver Sr., where Ernest Wholaver Jr. had been staying since he left Middletown in they wake of the sexual assault charges.

Police have said each victims was shot once in the head at close range with a .22-caliber weapon, but the presentment does not specify whether the seized gun is believed to be the one used in the killings.

According to the presentment, police found a broken garage window at the Wholaver home, through which the electric garage door, could be opened using an emergency release cord. Once in the garage, the presentment said, an intruder could enter the home.

The presentment also details the sexual abuse case still pending against Ernest Wholayer, noting both daughters testified in court in August that they were afraid of their father.

Police affidavits in the sexual assault case stated that both girls “are very fearful of their father and indicated that he is going to get them for telling.”

Victoria Wholaver, according to court testimony, said her father had threatened to kill her if she ever told anyone about the abuse.

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