Posted on 12/17/2005 4:33:20 AM PST by Dr. Scarpetta
Kara Borden will not be charged in the death of her parents, a prosecutor said today, despite the fact that she knew her boyfriend was bringing weapons to her Warwick Township home and might use them.
· Two additional charges were being being filed against Ludwig: statutory sexual assault and carrying firearms without a license.
· Three charges are being filed against a friend of Ludwigs for his role in a night patrol, where the friend and Ludwig filmed themselves gathering weapons and going to an unidentified home, where they discussed breaking in and killing the homes occupants.
Samuel Lohr, 19, will be charged with one count of criminal trespass and two counts of carrying firearms without a license for those acts.
Borden, 14, will not face charges because she never asked, planned with or helped David Ludwig, 18, to kill her parents, based on extensive interviews and a review of evidence in the case, a prosecutor said today.
There is no smoking gun, Lancaster County District Attorney Donald Totaro said today at a press conference at the Lancaster County Courthouse.
Ludwig waived his preliminary hearing today.
After charging Ludwig with murder and reckless endangerment in the deaths of Michael and Cathryn Borden, prosecutors interviewed more than 100 people and examined thousands of pages of evidence seized from Kara Bordens and Ludwigs computers, to determine if others also should be charged, Totaro said.
That investigation is what led to additional charges against Ludwig, as well as Lohr.
Totaro also said today he will seek the death penalty against Ludwig in the case.
Totaro also formally withdrew kidnapping charges against Ludwig, which he said he was going to do.
More evidence emerged about what happened on the morning of the two shooting deaths, but it did not lead to charges against Borden, Totaro said.
On the morning of Nov. 13, Bordens parents caught Borden as she returned home after spending the night with Ludwig.
They asked her to call Ludwig and tell him to come to their home.
During that phone call, Ludwig asked Borden if her father had a gun. She told him he did not.
Ludwig told Borden he would be coming to her home with weapons, and that he might use them to get her away from her parents.
However, Borden never agreed to any option that included violence, Totaro said Ludwig told prosecutors.
That was not condoned by her, Ludwig told police. I had mentioned it to her as a possibility to get away; she did not give me a yes or no on whether she thought it was a good idea. That was all my doing, that was not anything on her at all.
When Ludwig showed up, he had a gun and a knife wrapped in a blanket. Michael Borden asked him to leave them outside, which he did.
Bordens father knew about a previous incident involving Ludwig, a girl and a gun, and was alerted and concerned about the young man being armed, Totaro said.
But at that point, the Bordens and their daughter all believed that Ludwig was not armed. However, Ludwig had concealed a gun in the waistband of his pants, Totaro said.
After a 45-minute conversation, the Bordens told Ludwig he could no longer see their daughter. They also told him to tell his parents about his relationship with Borden, Totaro said.
Ludwig told police he sat for five to 10 minutes, staring into space, and thinking in his own mind what he should do.
He looked at Borden for confirmation of what he should do, but did not get any. At that point, Ludwig told police he made up his mind and stood up and shot Michael Borden.
Bordens 15-year-old sister, Katelyn, who was nearby, fled into a bathroom, and Borden ran out the back door, across her backyard and onto Owl Hill Road.
Ludwig then killed Cathryn Borden.
Around that time, a witness saw a girl running across Owl Hill Road, looking very scared. It appeared as if she had just seen a ghost, Totaro said.
Ludwig met up with Borden a few minutes later on Owl Hill Road. She got into the car with him and the couple fled.
The couple later was arrested in Indiana.
According to interviews with those who knew the couple, there were no plans for Ludwig to harm Bordens parents.
The only plan the couple had was that if they were caught in their relationship, they would run away from their Warwick Township homes, Totaro said.
Before the press conference, Ludwig waived his preliminary hearing today, in a courtroom packed with more than 20 reporters and 40 other spectators.
Dressed in a blue shirt and gray, pin-striped suit, Ludwig looked pale and nervous as he was brought into the Lancaster County courtroom.
His eyes darted around the courtroom but he did not hold the gaze of the two young men and a middle-aged couple sitting in the front row, who courthouse personnel indicated were Borden family members.
One of the young men, who had red hair cut in a military style, leaned forward, his elbows on his knees, staring intently at Ludwig throughout the proceeding.
Magisterial District Judge Daniel Garrett informed Ludwig of his legal rights, set a date next month for his formal arraignment, and then sent the young man back to Lancaster County Prison, where he is being held without bail.
Defense attorneys James Gratton and Merrill Spahn said little at todays proceeding other than that they understood the charges and it was their intention to waive a preliminary hearing.
The purpose of a preliminary hearing is solely to determine if prosecutors have enough evidence to take the case to trial, not to determine guilt or innocence.
It was not apparent whether any of Ludwigs family was in the courtroom this morning.
*Ping
Hogwash!
May this "child" live a long and tortured existance.
I've been wondering who she's living with.
It should be interesting to watch some lawyer try to baffle-gab his client out of a death sentence in this case.
Ping
He might end up with a court appointed lawyer if his parents aren't willing to pay for an criminal defense attorney.
Whom ever it may be will need to sleep with one eye open and their index finger on the trigger.
"The postman always rings twice"
Fear not, she will.
She also might have to go to public school. Whatever family member she's living with may not be able to sacrifice their job to stay home and school her.
Bullshit!
I bet that she was in on it from the gitgo.
She was just young and dumb and wanted some. Hope she enjoyed it!
Once again the male is faces jail while the female walks.
She might even take herself out (suicide) when she fully realizes the enormity of what has happened and her involvement in it. That might happen after years of drug and alcohol abuse too. I don't see much happiness ahead for this girl.
Thanks for the ping!
The rest of her life, however long or short, will be hell.
Her siblings are going to have nothing to do with her. She took away their parents. I would be surprised if they ever speak to her again.
No more homeschooling - she helped kill her mother/teacher (whether she's charged or not, she knows that.) She's going to have to go to public school - where everyone will stare and point. She will have NO friends, NO activities, nothing, and the whispers and pointing will follow her wherever she goes. Anybody who hangs around with her will do it just for the notoriety, she'll always wonder about that.
Even if she moves far away with distant cousins, the word will get out. And she would have trouble finding somebody to take her because they would always wonder if she might loose hell on THEIR home.
I predict a death from alcohol/drug abuse, or suicide, very soon.
And I'm sorry for her. She thought she was being so cool flouting her parents . . . and then reality reared its ugly, murderous, evil head.
I wonder what that was all about.
Have you no sympathy sir? She is after all a poor orphan!
/sarc
It sounds like Kara was in the room when her father was shot and saw it. And she still got in the car with the murderer and drove away! I cannot imagine it.
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