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1:43 p.m./Yarbrough found guilty in 1999 slayings

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By SUMMER WALLACE-MINGER, staff writer
POSTED: November 3, 2009
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WASHINGTON, Pa. - Terrell Yarbrough was found guilty of two counts of murder in the first degree and conspiracy to commit criminal homicide in the May 31, 1999 kidnap-slaying of Aaron Land, 20, of Philadelphia, and Brian Muha, 18, of Westerville, Ohio, at noon today in Washington County Common Pleas Court after approximately seven-and-a-half hours of jury deliberation.

Yarbrough, who sat slumped with his head down, did not react when the verdict was read. The victims' families prayed quietly while some of Yarbrough's family members wept quietly.

Yarbrough, 28, of Pittsburgh had been charged with two counts of criminal homicide and two counts of conspiracy to commit criminal homicide in Washington County Common Pleas Court. Nathan "Boo" Herring also faces charges in the case. His trial is pending in Washington County.

Yarbrough faces either the death penalty or life in prison without possibility of parole. The penalty phase will begin on Wednesday, officials said.

Kathleen O'Hara, Land's mother, thanked the commonwealth, the people of Washington County and Washington County Assistant District Attorney Michael Lucas after the verdict was read.

"I felt that the people of Washington County saw through the fairy tale they were trying to sell us," O'Hara said.

She said she did not know if she was in favor the death penalty for Yarbrough.

"Is the death penalty the right thing? I am not as sure as I was. I think he should be punished to the fullest extent of the law. Does a dead body balance the scales of justice? Is there any justice for Aaron?" O'Hara said.

O'Hara said she would accept the jury's decision whether to impose the death penalty and said she wanted what was best for the victims' families, pointing out some lengthy appeals process in death penalty cases.

Rachel Muha, Brian Muha's mother, and Chris Muha, his brother, said they forgive Yarbrough, were praying for him and wanted what was best for him while noting that forgiveness does not mean Yarbrough should not be held responsible for his actions.

"I am just very relieved that the jury did such a good job and came up with the right verdict. Being without Brian is lifelong and we miss him so much," Rachel Muha said.

She said the trial had been difficult as the family had once again been confronted with what Brian Muha endured.

Chris Muha said he often thought of his brother and that it was difficult to think of the milestones Brian would not be part of. The Muhas said they wanted to see a change of heart from Yarbrough which they had not yet seen.

"He needs to look inside and make changes within himself," Chris Muha said.

The family also spoke about the charitable work in memory of Brian - the Brian Muha Memorial Foundation, which provides scholarships for inner-city children to attend private schools, and the Run The Race Club, which provides after-school and summer programs.

Rachel Muha said the family was inspired partly by the upbringing of Yarbrough and Herring.

"They were not born killers," Rachel Muha said.

The family said they believed Brian would have approved because it was his goal to become a doctor and to help and heal. He especially wanted to work with children.

"It doesn't replace Brian. It is something we are doing with Brian. We feel him with us," Rachel Muha.

Land and Muha were students at the Franciscan University of Steubenville when they were kidnapped from their home at 165 McDowell Ave. in Steubenville shortly after 5 a.m. on May 31, 1999. Yarbrough and Herring are accused of ordering the two students into Muha's 1996 black Chevrolet Blazer, then driving them to a section of U.S. Route 22 near the Bavington exit in Robinson Township, Pa., where they were killed.

Yarbrough and Herring were both found guilty of the kidnapping-slayings in Jefferson County, but their murder convictions were overturned by the Ohio Supreme Court, which found that the murders took place in Pennsylvania. Yarbrough also was convicted in Jefferson County of aggravated robbery, kidnapping, gross sexual imposition and theft and was sentenced to 59 years in prison. The state supreme court allowed those charges to stand.

Herring was sentenced to life in prison for the murders, a sentence which was vacated, and 65 years on other charges, which also stood. His murder trial in Washington County is pending.

A Jefferson County jury sentenced Yarbrough to death, but the sentence was vacated with the Ohio Supreme Court's decision.

(Wallace-Minger can be contacted at swallace@pafocus.com)

 
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