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Murder defendant told police phone is ‘lifeline’

Published November 19. 2019 01:03PM

“It’s my only lifeline,” Eric Mumaw says, describing his cellphone. He tells McAdoo Police officer Fred Lahovski that he doesn’t want to surrender the phone, saying, “Man oh Man, really? I have so much personal stuff on there.”

“Hey,” Lahovski reminds him. “We got a dead guy laying there.”

Mumaw says his phone is “locked” and that he “would rather not” unlock it. Previous testimony mentions a series of threatening texts sent between Mumaw and David Gombert, 27, Beaver Meadows.

Bodycam footage from Lahovski, who was the first responder, dominated testimony Monday in the murder trial of Mumaw, 32, of Kline Township, with Judge Charles Miller presiding. Mumaw is charged with shooting Gombert during an incident at his home Nov. 1, 2016.

Mumaw is charged with first- and third-degree murder, voluntary manslaughter, prohibited offensive weapons, possessing an instrument of crime, simple and aggravated assault, terroristic threats, recklessly endangering another person, abuse of a corpse and tampering with evidence.

The incident took place in Kline Township. Lahovski, on duty in McAdoo, heard the dispatch order and knowing the Kline Township officer was busy, immediately started heading that way, turning on his bodycam.

Standing over the body

As Lahovski exits his vehicle, Mumaw is visible, standing over Gombert’s body, doing something with his cellphone. Lahovski arrives at 9:14 a.m. According to previous testimony, Mumaw was taking cellphone pictures of Gombert’s body from 9:06 to 9:07 and again at 9:12 and 9:13.

Lahovski provides medical care for Mumaw, who has a hand injury, and tries to resuscitate Gombert. He asks Mumaw questions about the location of the gun, what transpired and why Gombert may have been angry with him.

Mumaw tells Lahovski that the gun was fired once, and he makes no mention of using brass knuckles. In previous testimony, State Police Cpl. David Dupree said that four shell casings were found. In other previous testimony state police trooper Eric Schaeffer described retrieving brass knuckles from inside Mumaw’s shoe, while Mumaw was being treated at a Pottsville hospital for a hand injury, later determined to have been caused by a gun shot.

During his interactions with Lahovski, recorded on the bodycam, Mumaw says he doesn’t know why Gombert was angry with him, that he knew him “from school” but hadn’t had any contact with him since then. Previous testimony by several witnesses detailed a series of threatening messages sent between the two men.

When Lahovski tells Mumaw an ambulance is on the way, Mumaw says that his mom was on her way and would take him to the hospital. Schaeffer later transported Mumaw to State Police barracks in Frackville, but upon arrival called for an ambulance. Schaeffer then accompanied Mumaw to a Pottsville hospital. Lahovski’s bodycam recording ends when Pennsylvania State Police arrive at the scene.

Forensic experts

• Pennsylvania State Police Forensic Science and Serology Supervisor Beverly Beshore-Strohm, who retrieved blood and fluid evidence from the clothing of Mumaw and Gombert, from the garage door frame of the residence, from the handgun, from the outside pavement and from the inside garage floor. She also tested a fingernail and a minute piece of suspected tissue, both found outside the garage. She also collected DNA samples from Mumaw and Gombert. She described Gombert’s sweatshirt as “completely saturated with blood.”

• Master trooper Todd Neumyer, a firearm and “tool mark” examiner. Tool mark is the science of determining if a bullet, cartridge case, or other ammunition component was fired by a particular firearm. Neumyer also tested for gunshot residue, describing Gombert’s wound as “contact or close contact.” He further described close contact as within 3 inches. In addition to the two gunshot holes in Gombert’s sweatshirt (entry and exit), there were also two gunshot holes in his purple shorts. Only one, located on the inseam of the right leg, had gun shot residue, also contact or close contact.

• PSP DNA analyst Hai-Sheng Lei, who processed and analyzed samples. She testified that her analysis showed that Gombert’s blood was on Mumaw’s sweatshirt (hoodie) in three locations, and there was also an area on Mumaw’s sweatshirt where the sample was mixed (both Mumaw’s and Gombert’s blood). Gombert’s blood was found in a sample taken from the top of the hood of the sweatshirt. The brass knuckles and the gun also showed a mix of DNA from the two. The fingernail and small tissue piece were Mumaw’s. Blood on the outside garage frame, pavement and inside garage floor was Gombert’s.

• State police Cpl. Shelly Konsavage of Frackville testified as to the chain of custody of evidence. After a lunch break, jurors requested a closer look at Mumaw’s sweatshirt/hoodie. Assistant District Attorney Tom Pellish held it up for them, while jurors passed along a flashlight to better illuminate the clothing.

The trial continued Tuesday.

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