Lawmaker hopes to strengthen PFAs to avoid homicides

A local lawmaker's proposed bill, named after a late Washington County woman, aims to stop more people from being killed as the result of domestic violence.

A local lawmaker's proposed bill, named after a late Washington County woman, aims to stop more people from being killed as the result of domestic violence.

Tierne's Law, named after Tierne Ewing, would educate judges about the options they have when setting bail for suspects charged with domestic violence, said state Sen. Camera Bartolotta, R-Carroll Township.

"The biggest concern for me is that a lot of our magisterial district judges don't know they have an option to withhold bail or modify bail for risk assessment," she said.

Ewing, 48, was shot and killed by her husband in August. She successfully sought a protection from abuse (PFA) order less than two months earlier after he kidnapped and tortured her.

If the bill becomes law, it would instruct judges that they have the authority to set the bail amount or not grant bail based on a suspect's prior criminal record, drug and alcohol issues and other factors in addition to a suspect's flight risk.

"There's so many (magistrates) that don't know they have that ability," Bartolotta said. "My bill would be education."

Currently, many magisterial district judges believe they can set bail based on whether a suspect is likely to attempt to flee before appearing in court to face charges, she said.

"They have more tools than that," Bartolotta said.

Those tools might have protected Ewing, who was found dead from a gunshot in a barn in West Finley Township with her estranged husband Kevin Ewing, 47, who had a self-inflicted gunshot on Aug. 30.

He allegedly abducted her from a nearby home earlier that day after cutting off a court-ordered ankle monitor. He died in a hospital the next day.

In July, he was arrested for allegedly kidnapping her and abusing and threatening her while he held for 12 days.

"The goal is to protect more people like Tierne Ewing. That's why I named the law in her memory," Bartolotta said.

She said domestic violence has been an issue in her family.

"I'm passionate about this. There is a history of domestic violence in my family and my extended family. It hits home for me," Bartolotta said.

She said she is co-sponsoring another bill that would require law enforcement authorities to respond when ankle monitors worn by people with PFAs against them are activated.

"If there is a PFA (police) know a judge has determined there's risk," Bartolotta said.

Hearing people say PFAs are useless is disheartening, she said.

"I hope Tierne's law goes much further to protect victims of domestic violence and abuse," Bartolotta said.

Lisa Hannum, operations director of Domestic Violence Services of Western Pennsylvania in Washington, which serves Fayette, Greene and Washington counties, said she talked to Bartolotta about the proposed legislation and supports strengthening protections for abuse victims.

She said PFAs work as intended in most cases, but there are flaws.

Just as most people who speed when driving slow down if the see a police car along the side of the road, PFAs work in most cases, she said.

"It does work for the majority of people in these cases," Hannum said. "Is there room for improvement? Certainly."

She said doesn't want victims to believe PFAs are useless and not obtain them.

"It's the best we have to work with now and I don't want people who need them not to get one because of this discouragement. That's the best we have and that's what we have to work with until something better comes," Hannum said.

Ann Emmerling, executive director of the Blackburn Center in Greensburg, which provides victim services in Westmoreland County, said she wasn't familiar with Bartolotta's bill, but supports bolstering the PFA system.

"Anything that can be done to strengthen PFAs and make police and the community safer we'd be in favor of. Efforts to strengthen the laws as they stand to protect victims is absolutely something we'd be in favor of," Emmerling said. "We're in court everyday with people seeking PFAs."

in 2015, there were 146 deaths attributed to domestic violence in the state, according to the Pennsylvania Coalition Against Domestic Violence.

Those deaths included 113 victims and 33 perpetrators.

They included three victims and two perpetrators in Washington County, two victims and one perpetrator in Westmoreland County and two victims in Fayette County, according to the coalition.

From 2006-15, 1,496 Pennsylvanians died in domestic violence-related incidents.

Those killed were women, children and men of all ages and socio-economic groups. They ranged from 18 to 95 years old, according to the coalition.