Prosecutors seek to use PFA from 2009 against homicide suspect

Ed Lewis, The Times Leader, Wilkes-Barre, Pa.
·2 min read
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May 31—WILKES-BARRE — Luzerne County prosecutors are seeking to use allegations in a temporary protection-from abuse petition filed by Patricia Watkins in 2009 against her alleged killer, her son Erik Michael Watkins.

Erik Watkins' attorney, Mark W. Bufalino, is contesting the admittance of the 14 year old restraining order and is attempting to have his client's statements to state police investigators thrown out.

State police at Wilkes-Barre charged Erik Watkins, 41, with an open count of criminal homicide for the alleged fatal beating his mother inside her home on Maffett Street, Sugar Notch, on Dec. 13, 2020.

An autopsy revealed Patricia Watkins died from multiple traumatic injuries and suffered a number of broken bones in her face, neck and rib cage.

Investigators alleged Watkins smoked marijuana and began beating his step-brother, Jeremy Brodbeck, inside the home. After Brodbeck and Patricia Watkins barricaded themselves in a small bathroom, Brodbeck jumped out a window and ran for help.

Patricia Watkins was found dead inside a tub, court records say.

In a motion filed by Bufalino, he claims Erik Watkins gave statements to state police investigators when he was not advised or not properly advised of his right to a lawyer nor was he told of his right to remain quiet. Erik Watkins believed, Bufalino claimed, his freedom was restricted while he was subjected to custodial interrogation.

The criminal complaint filed against Erik Watkins says he was read his Miranda warnings at 4:18 a.m. on Dec. 13, 2020, and agreed to answer questions.

During the interview with investigators, Erik Watkins said he "smoked some weed," fell asleep and awakened "hearing voices" and a "higher power" told him to attack his mother before he blacked out, the complaint says.

First Assistant District Attorney Anthony Ross and Assistant District Attorney Carl Frank filed a notice intending to use Patricia Watkins' 2009 PFA petition she filed and a judge's temporary restraining order against Erik Watkins.

According to the notice to use Erik Watkins' prior bad acts, Patricia Watkins alleged her son assaulted her, shoved her into a radiator and threatened to nail the windows shut and burn her residence while he would watch and laugh from outside.

Bufalino called the 2009 PFA "stale" as the 14-year-old restraining order has no connection to the homicide case.

President Judge Michael T. Vough has scheduled a motions hearing to settle the disputes on Oct. 31.

Erik Watkins' homicide trial is scheduled for December.

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