LANCASTER, Pa. (WHTM) – One of three men convicted in the home invasion slaying of a Lancaster County widower has been denied an appeal of his life sentence.
Stephen M. Harmer and brothers Cody and Kyle Wunder are all serving life sentences in the August 2012 shooting death of 62-year-old Douglas Herr during the theft of $211,000 from Herr’s Drumore Township home.
Harmer, now 31, argued his trial attorney was ineffective because the defense used a witness who testified about his drug use and Cody Wunder’s testimony, which linked Harmer to the murder.
Pennsylvania Superior Court found the attorney’s strategy was not flawed and denied Harmer’s request for relief.
Prosecutors say Harmer came up with the robbery plot when he learned Herr had a safe with a cash he received in a settlement from his wife’s death in 2009.
After Herr shot and wounded Cody Wunder during a struggle, Kyle Wunder shot Herr in the head with a shotgun at point-blank range.