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Robbery victim: Yarbrough acted as 'protector'
Testimony that Barbara Vey gave nearly 10 years ago was read into evidence Thursday during the fourth day of the murder trial for Terrell Yarbrough, 28, of Pittsburgh, before Washington County Judge John DiSalle.
Vey was robbed by Yarbrough and Herring only a few hours after they allegedly shot and killed Brian Muha, 18, of Ohio, and Aaron Land, 20, of Philadelphia, on a hillside along Route 22 in Robinson Township.
Yarbrough and Herring allegedly drove to Washington County in Muha's 1996 Chevrolet Blazer after kidnapping the two Franciscan University students from their apartment in Steubenville, Ohio.
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Vey's testimony was read into the record because she has died in the years since the first trial for Yarbrough.
In 2001, an Ohio jury convicted Yarbrough of first-degree murder and sentenced him to death. The Ohio jurors also convicted Yarbrough of an array of other charges, including kidnapping, receiving stolen property and weapons charges, for which he was sentenced to 59 years in prison.
In December 2004, however, the Ohio Supreme Court overturned Yarbrough's murder conviction, saying there was no jurisdiction to prosecute in Ohio since the killings occurred in Washington County. The decision did not pertain to Yarbrough's other convictions.
Yarbrough was charged two years later in Pennsylvania.
Meanwhile, Herring also was convicted in Ohio for the slayings and was sentenced to life in prison for a murder conviction that also was overturned. Herring also has been charged in Washington County and is waiting to be tried after Yarbrough.
Prosecutors contend that it was Yarbrough who fired the shots that killed Muha and Land.
According to Vey's testimony, Yarbrough seemingly prevented Herring from harming, if not killing, her.
Vey referred to Yarbrough as the shorter, small man. She said Herring was the bigger, angry man.
According to Vey, the men demanded that she give them the keys to her car, but she had left her car keys inside her apartment.
An agitated Herring held a gun about "six inches" away from her and demanded that she take him and Yarbrough up to her apartment to get the keys. Vey said Yarbrough stood directly between her and Herring, who was yelling most of the time, and helped her as she crawled up the stairs.
Vey said she knew that if both men came into her apartment she would be raped or killed, so she refused to allow them inside.
According to the testimony, Yarbrough calmed Herring enough to let her go inside and get her car keys.
"I handed the keys to the small guy who gave the keys to the tall angry one," she said.
When Herring left, Vey said Yarbrough sat down beside her on the stairs. And, although Vey told him that they could go because she didn't see their faces, Yarbrough tried to kiss her.
"I said please just go," Vey testified.
But, Vey said Yarbrough wanted her to look at him. He lifted up her chin and kissed her.
"I thought it wasn't worth dying over. So, I kissed him," she said.
Vey identified Yarbrough as being the smaller man during the court hearing in Ohio.
"I thought it was very odd he would help me," she said.
Upon questioning by defense counsel, Vey replied, "He did seem to be my protector."
Prosecutors contend Yarbrough drove back to Steubenville in the Blazer, and Herring in Vey's stolen BMW.
Yarbrough was later apprehended while driving the Blazer. A short time later, police recovered Vey's BMW. Herring was arrested a few days later.
The trial continues at 9:30 a.m. today.
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