CLEARFIELD – A woman accused of trying to commit homicide by arson waived her right to a preliminary hearing on Wednesday.
Deanna M.Nevel faces charges of Nevel and and co-defendant Hilmer Harris with: 1) criminal attempt to commit murder, 3 counts; 2) criminal conspiracy to commit murder, 6 counts; 3) criminal attempt to commit criminal homicide, 3 counts; 4) criminal conspiracy to commit criminal homicide, 6 counts; 5) arson, F1/F2, 4 counts; 6) criminal conspiracy to commit arson, F1/F2, 2 counts; and 7) recklessly endangering another person, M2, 3 counts. Harris was scheduled in court on Wednesday but had waived his hearing prior to that date.
According to court records, on Nov. 3, 2010 police investigated structure on Baney Road on state Route 53 The structure is owned by Phyllis Witherite, and occupied by James Nevel. At the time of the fire, Witherit, James Nevel and Michael Maines lived within the residence. The investigation yielded that the fire in question originated in the northwest corner of the mobile home, through use of flame to an ignitable liquid that then ignited combustible materials in the home. Lab results showed the fluid consisted of gasoline and a heavy petroleum distillate, not limited to kerosene, diesel and other flammable fluids. The fire was classified as incendiary, and an investigation ensued.
On Nov. 3, police interviewed Maines. He confirmed that he lived there with his girlfriend Phyllis Witherite and her son, James Nevel. He said he and Witherite went to bed around 11 p.m., while James Nevel went to bed around 11:30 p.m. He said he was sleeping when he could feel their cat pawing at him, and he could smell smoke. He told police when he went into the hallway, there was a lot of smoke. He said he woke everyone up and got them outside.
He said once outside, he could see the fire in the corner of the structure. Police asked Maines if any petroleum products or items that ran on petroleum were kept near that area of the structure. Maines told them no.
Police interviewed a juvenile on Nov. 5, 2011. The child related to police that she heard Deanna Nevel mention burning down a house.
On Nov. 6, 2010, police investigated a second fire at a two-story structure at the intersection of US Route 322 and Church Hill Road in Boggs Township. The structure is owned by William Nevel, the father of James Nevel. The building was unoccupied at the time of the fire. At the time of the fire, James Nevel was fixing the structure.
Police reported that the fire originated on the floor of a crawlspace. Police noted the cause of the fire was direct flame to an ignitable fluid. It was reported that although there was moderate damage, the fire could not produce enough heat to sustain itself. The fire was classified as incendiary, and an investigation ensued. The fire at this location was brought to the attention of investigators through Deanna Nevel’s co-defendant, Harris.
On Nov. 5, 2010, police interviewed Deanna Nevel at the state police barracks. According to the affidavit, she waived her Miranda rights and agreed to speak with police.
She told police that a week prior to the fire, she was staying at a holed when someone from Children, Youth and Family Services arrived and asked about a deer shooting that one of the people allegedly involved was involved in (Editor’s Note: Four potential suspects are listed in the affidavit, however, only Harris and Deanna Nevel have currently been charged). She said later that day, two other people went to the trailer see James Nevel, Maines and Witherite because one of the people was going to take care of people who bring his name up in things he has had no part in. She said the other person kept talking about them spreading rumors and calling the game commission. She said one of the other people and Harris were planning on how they were going to burn it down, but she could not give details on how they were going to do it.
She said she, Harris and two other individuals went to Sheetz in Philipsburg, at around 2 a.m. She said she parked at the pumps and went inside to purchase sundry items. She said they left Sheetz and went to Chester Hill, and dropped off Harris and one of the other individuals near the trailer.
Deanna Nevel said it was a short time later when Harris and the other individual ran back to the vehicle. She said the other person told her they used lighter fluid and a white towel that they put over a gas tank at the front of the trailer. She said they left and went back to another individual’s house. She said she knew they were going to light the trailer on fire. She told police that Harris had the lighter fluid in his sweatshirt and that it came from his relative’s house.
According to the affidavit, she admitted that the statements she told the child were true, but that they were made out of anger and that she would never have done this to anyone. She said she was stupid for getting involved in this.
Police then interviewed James Nevel on Jan. 3, 2011. He said he had not had contact with Deanna Nevel since May/June 2010. He said the day of the fire, she drove past the scene. He said she dropped one of their daughters off with a phone and requested that he call her, as they needed to talk. He told police she had a Protection From Abuse order that was active against him. He also told police that he had partial custody of the children, but gained full custody on Dec. 15, 2010. He also provided police with court documents involving the custody issue.
Deanna Nevel was interviewed again on May 17, 2011. She waived her Miranda rights and spoke with police. She also provided police with a written statement. She related similar information from her first interview. She said they moved out of the hotel and into another person’s house; she noted that the other two individuals slept in her car in the woman’s driveway. She said they would talk about doing it (burning the place), but it was often done out of her presence. When she got her court papers regarding the custody issue, she said Harris “got pissed” and he talked to the one of the other individuals and they planned it. She said Hilmer texted one of the others (of the four total allegedly involved) and asked if she was ready to do it.
Deanna Nevel repeated her Sheetz story to police. She said they went to Chester Hill and parked at the Laundromat. She said Harris and the other man got out and that the other guy was carrying a gas can while Harris was carrying a can of lighter fluid in his sweatshirt. She said they left, came back, and said, “Let’s go.” She told police they were gone about 10 minutes. She said when the other man got into the vehicle, he told he started the fire by pouring gas on a white towel and putting it on top of the gas tank in front of the trailer.
She said when they left, Harris said they needed to go to West Decatur to throw the gas can in the creek. She said she then drove them to West Decatur and pulled over at the church. She said she dropped the two men off with the gas can. She told police she drove around and returned to pick them up, and that Harris still had the gas can. She said they set the basement of James Nevel house on fire. Harris reportedly told her that if they burned this place down, James Nevel would have nowhere to live with the kids.
She said they left, and that they threw the gas can out into someone’s yard. She said they drove through Chester Hill and saw the trailer on fire.
Police asked her if she believed Maines, Witherite and James Nevel were in the trailer when she dropped off the two men. She said yes. She was asked if she told the men the alleged victims might be in the trailer, to which she replied yes. She was asked if the men told her anything. She told police that Harris said it was best thing to do, while the other woman in car said there would be a big explosion. Police asked her if she called 911 after the men came back to the vehicle. She responded no, and added that the PFA allowed no contact and that the other woman said she was stupid and she listened to her, not thinking of the right thing.
Police then asked her if she knew the men were going to set the trailer on fire, and she responded yes and they had talked about it for weeks. When asked why she did not tell investigators this during the first interview, she said she was scared and that her head was not in the right state of mind, but that she went and received counseling and got the help she needed for this.
