HAGERSTOWN, Md. (AP) — A Maryland prosecutor wants to appeal a judge’s reversal of the 1980 murder conviction of a West Virginia man in the slaying of a sheriff’s deputy.

Garrett County’s State’s Attorney Lisa Thayer Welch filed paperwork Tuesday seeking to appeal a Washington County judge’s finding last month that the judge at Roberto Rezek’s trial gave improper jury instructions.

Rezek, of Fairmont, W.Va., was sentenced to life plus 15 years in the 1979 shooting death of Deputy David Livengood.

Rezek, 63, and co-defendant Richard Tichnell were convicted of murdering Livengood when he caught them robbing an Oakland Army-Navy surplus store in Oakland. Tichnell died in prison in 2006.

Welch argues that there’s no question that the trial’s outcome was correct and it’s unfair that Rezek will be allowed another chance.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

Comments (2)
  1. The mechanic says:

    Somebody, quick kill him in prison.

  2. KottaMan says:

    Rezek and Tichnell should have gotten the gas chamber. They killed the Deputy in cold blood as well as his K-9 by ramming a sword stolen from the store down the dog’s throat. Both were left to die in the street in the middle of a howling snowstorm in the dead of night. These two miscreants are animals and I am glad Tichnell died in the joint where he could not be a repeat offender. Rezek does not deserve another pass and he was convicted fair and square.

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