It's not uncommon for prisoners to show up late for a hearing at the Washington County Courthouse as a result of transportation complications.
But such was not the case Tuesday, as sheriff's deputies had Henry Louis Colvin Jr. of Washington in court for a 1:15 p.m. formal arraignment on homicide charges before President Judge Debbie O'Dell Seneca with plenty of time to spare.
The proceeding, however, was delayed because there was no district attorney. And the president judge was not pleased.
O'Dell Seneca ordered her staff to make calls and use the courthouse paging system to summon a district attorney representative to her courtroom. After about 30 minutes without a response, she decided to begin without a DA.
"I've never held a formal arraignment on homicide charges without a district attorney being present," said O'Dell Seneca. But the judge said she was not waiting any longer. And since she ordered the arraignment, she believed she could proceed.
According to O'Dell Seneca, the DA filed the criminal complaint against Henry Colvin on Monday in the April 22 death of 36-year-old Theodore Wilkins of Washington. She also explained that Colvin had been charged with criminal homicide, aggravated assault and simple assault.
Public defender Glenn Alterio told the judge that he had not received a copy of the criminal complaint, but he was aware of the charges against his client. Alterio said his client was pleading not guilty.
That's when an apologetic First Assistant District Attorney Craig McKay walked into the courtroom, explaining there was a lack of communication in his office.
O'Dell Seneca said she did not appreciate the prosecutor's tardiness and continued by asking McKay if the prosecution intended to seek the death penalty. He responded no.
Colvin, 48, of 830 Chartiers St., and Wilkins reportedly were involved in two confrontations April 21. One occurred at an area known as "The Beach" off Catfish Creek in Canton Township. The other happened outside Colvin's home, where the men fought and Colvin's 19-year-old son, Tyrone Colvin-Broughton, allegedly kicked Wilkins in the head and body.
Wilkins was found unresponsive on the couch of a friend's Canton Township home the day after the altercations. He was pronounced dead a short time later at Washington Hospital. Dr. Leon Rozin, a pathologist, said he died of a fractured skull. He also suffered broken ribs.
Alterio contends that both the homicide and aggravated assault charges against his client should be dismissed.
"My client did not strike any blows that would have caused Mr. Wilkins' death," Alterio said following the arraignment. Alterio argues that the fatal blows were caused by Colvin's son.
Colvin remains in Washington County Jail without bond.