Of a pair of alleged murderers - both former employees at the Au Bon Pain in Huntsman Hall - one awaits trial, while the other is still a fugitive.
One employee, Samuel Scruggs, 46, did not appear for his arraignment in the Court of Common Pleas yesterday, so a not guilty plea was automatically entered for him, said Robert Marc Gamburg, Scruggs' lawyer.
Scruggs faces charges of third-degree murder, attempted murder, aggravated assault and other related offenses in connection with the March 25 shooting death of Jovonne Stelly on the 5800 block of Pentridge Street.
The other former Au Bon Pain employee, Keith Devine, 26, has not been seen since the street gun battle that ended Stelly's life.
The prosecution and defense in Scruggs' case are currently in the discovery stage, which is the pre-trial process in which each side requests relevant documents and information from the other party. Gamburg said he is particularly anxious to receive the ballistics report from the Commonwealth.
"I believe that will prove that Mr. Scruggs had nothing to do with the events that transpired," he said.
A spokeswoman from the Philadelphia District Attorney's Office did not return a phone call for comment.
Scruggs was not initially a suspect in the shooting, but later statements from witnesses showed that he had a role in Stelly's death, Det. John Ramsey of the Philadelphia Police Homicide Unit said. Ramsey said that Scruggs was not directly responsible for Stelly's murder, but his actions contributed to her death.
Three other men are facing first-degree murder charges in the case.
Scruggs was arrested on April 5. He is currently in custody at the Philadelphia Industrial Correctional Center.
Both Scruggs and Devine have since been fired from Au Bon Pain, according to Business Services spokeswoman Barbara Lea-Kruger. Scruggs and Devine were fired for job abandonment after failing to show up for work, Lea-Kruger said.
Devine was last seen by witnesses at the scene of the shooting, Ramsey said. The Norristown Police Department searched a home in Norristown on July 19 for him, but he was not seen by police, according to an article in the Norristown TimesHerald.
Court records show that both men have extensive criminal histories. Devine was convicted of attempted murder in 1999, and Scruggs' past record includes multiple counts of burglary.
Lea-Kruger said the Au Bon Pain at Penn now conducts background checks on its employees - a step that is in line with that of other contracted vendors on campus, such as Barnes and Noble and the Hilton Inn at Penn, and a practice the company did not have in place when Scruggs and Devine were hired.
A pre-trial conference in Scruggs' case has been set for Aug. 23. Gamburg said the case will probably not go to trial until the winter of 2008.
