NARBERTH, Pa. (KYW Newsradio) — The two men charged in a deadly home invasion last month were in court on Thursday in Montgomery County, where they are both ordered to stand trial.
Charles Fulforth, 41, and Kelvin Roberts, 42, will stand trial on murder and related charges, accused of breaking into a home on Meredith Road in Wynnewood on Dec. 7 around 2 a.m.
According to testimony at the preliminary hearing, Roberts told police he and Fulforth were told by a coworker at Junkluggers that an elderly couple lived in the home on Meredith Road, and they had many guns.
However, says Roberts’ lawyer, Frank Genovese, they ended up at a similar address in the wrong location.
“Unfortunately, when his co-defendant used some sort of navigation app to find the address, it came up in Lower Merion, as opposed to where it was supposed to be in Bucks County — and that's how they ended up where they were.”
During the invasion, investigators say, 25-year-old Andrew Gaudio was killed and his mother, 62-year-old Bernadette Gaudio, was shot multiple times. She survived, though she is paralysed as a result of the injury.
Roberts told detectives he didn’t have a gun and never went upstairs to the bedrooms where the shootings happened, implying Fulforth was the shooter.
His attorney, Frank Genovese, argued unsuccessfully against the first-degree murder charge.
“My argument is there's no evidence — at least, to this point in the record — that he agreed to anything other than to engage in a burglary, perhaps a robbery. He certainly did never agree to kill anyone.”
But prosecutor Brianna Ringwood says there was clearly specific intent to kill Andrew Gaudio.
“It doesn't really matter that their primary goal was to steal guns, because when they got in the house, they tragically and fatally shot and killed Andrew and nearly killed Bernadette,” said Ringwood.
Andrew Gaudio was shot several times, including once to the back of his head after he fell to the floor, said prosecutor Ed McCann.
“Do we know exactly who fired what shots? No, but we do have evidence, as we presented today, of at least two guns that were used in that area of the house and the second floor,” said McCann.
FulForth and Roberts are scheduled for a formal arraignment on Feb. 19.