Two men admit taking part in a Lower Merion burglary that left one person dead. But both deny pulling the trigger.
Attorneys for Charles Fulforth and Kelvin Roberts said Thursday that the men had no intention of killing anyone when they broke into the home of Andrew and Bernadette Gaudio last month.
The two men charged in a fatal Lower Merion home invasion last month say the crime was a burglary gone awry, and neither one will admit firing the shots that killed Andrew Gaudio and grievously wounded his mother, Bernadette.
That will be up to a jury to decide, after Kelvin Roberts, 42, and Charles Fulforth, 41, were held for trial Thursday on charges of murder, conspiracy, and related crimes by District Judge Karen Eisner Zucker.
Deputy District Attorney Brianna Ringwood said it ultimately does not matter who pulled the trigger in the house on Meredith Drive on Dec. 8. There is “ample evidence” of first-degree murder in the case, she said, and both men should be held responsible for the crime.
Bernadette Gaudio, 61, was shot in the neck as she lay asleep, bedridden with a cast on her leg. And her 25-year-old son was shot execution-style in the back of his head as he lay on the ground after attempting to shield his mother, according to prosecutors.
The two men went to the house to steal guns, Ringwood said, mistakenly believing there was a cache of weapons there.
“What someone has in their mind evolves, it changes, and it can include more than what the primary goal was,” she said. ”It doesn’t really matter that their primary goal was to steal guns, because when they got in the house, they tragically and fatally killed Andrew and nearly killed Bernadette.”
Bernadette Gaudio, who was paralyzed by the attack, is receiving treatment at a rehabilitation facility after spending weeks in the hospital, prosecutors said.
Roberts and Fulforth, who worked together at Junkluggers, a junk-hauling business in Willow Grove, had set out to rob an elderly couple in Bucks County of guns they had stored in their basement. But the two men entered the wrong address into their navigation device, and ended up at the Gaudios’ Montgomery County home, which has a similar address.
On Thursday, their attorneys urged the judge to focus on what they called the “appropriate charges” of burglary and second-degree murder, and to dismiss the more serious crime of first-degree murder, which requires a specific intent to kill.
Fulforth’s attorney, Joseph Schwartz, said his client did not go to the Gaudios’ home that night to commit a murder.
“There is no evidence in this case that my client contacted Mr. Roberts and said, ‘Let’s go kill these people before we rob them,’” Schultz said. “He signed up for a burglary in which someone tragically died.”
Roberts’ attorney, Frank Genovese, made a similar argument. He said that while Roberts has a history of convictions for drug possession, he is not a violent person, and that killing someone would be “out of character for him.”
“If anything, he thought he was going there to help his codefendant commit a burglary,” Genovese said. “And he certainly never agreed to kill anyone.”
During an interview with police after his arrest, Roberts said that he was the driver on the night of the burglary and that, once inside the home, he stayed on the first floor, according to testimony Thursday.
Fulforth, he said, who was carrying a gun and wearing gloves and a ballistic vest that night, went up to the second floor and shot the Gaudios. From downstairs, Roberts said, he heard a series of muffled gunshots, followed by someone calling out “mom” and then a second, louder series of shots.
Investigators found two different calibers of shell casings at the scene, 9mm and .25, which prosecutors said indicated that two shooters had fired at the victims. A cleaning crew later discovered that a .25-caliber pistol had been hidden inside the home, according to testimony Thursday.
Days after the shooting, Fulforth was arrested at his apartment, where detectives recovered the key to Bernadette Gaudio’s stolen Jeep and a 9mm handgun with an obliterated serial number. Forensic tests proved that weapon killed Andrew Gaudio, investigators said in court filings.
In an interview with police, Fulforth acknowledged participating in the burglary but declined to provide detectives with details.
According to the affidavit, he said, “It wasn’t supposed to end this way.”