BEDFORD — Broad Top resident Christy Zelanko will remain in state prison for a minimum of 18 years after Bedford County President Judge Travis Livengood rejected a new PCRA plea agreement that would have reduced her sentence by six years for a third-

degree homicide conviction on shooting her father in his sleep.

Livengood initially accepted a plea agreement in 2017 to reduce the charge from first-degree to third-degree homicide in exchange for an 18-to-40-year sentence in state prison. Zelanko has been incarcerated since the 2015 shooting, and was transferred to SCI Cambridge Springs in 2017.

According to court documents, Zelanko shot her sleeping father with a .380 caliber revolver after a phone call earlier that day with her mother, Gail Zelanko, who recounted years of alleged abuse at her husband’s hands more than 20 years ago.

The extremely “bizarre” nature of the killing prompted Livengood to question the validity of the PCRA plea agreement

The Post-Conviction Relief Act is a state law which allows convicted offenders to appeal specific factors of their original case — in this instance, Zelanko won a new plea agreement for 12 to 40 years in state prison after learning that the commonwealth prosecutor at the time had not fully informed her of another plea agreement that would have seen her serve a six-year minimum.

Livengood questioned Zelanko’s motivation for the shooting, saying that her mother admitted in a letter she left for him that the alleged abuse occurred more than 20 years ago, meaning there was no immediate danger to her or her mother’s safety.

Livengood did not comply with the new sentencing recommendation, and reimposed the original 18-year minimum sentence, stating that he would have not accepted the six-year offer in 2017 if it had been presented during the first sentencing.

He also noted that he was wary of the 12-year minimum sentence recommended by district attorney Ashlan Clark, since the circumstances of the case could have convicted Zelanko on a first degree homicide charge.

“(Her father) was asleep in bed, so he had no way to provoke her, it wasn’t self-defense,” Livengood said, adding that Zelanko also had time to “cool off” when she walked from her residence down the street to her father’s home the night of the shooting.

Livengood also noted the absence of any mental health factors that may have impacted Zelanko’s judgment that night.

Defense attorney Mary E. Schaffer argued, in conjunction with Clark, that the members of Zelanko’s family had expressed a desire to grant the PCRA plea and move on in order to facilitate their further healing.

“It’s been so long ago at this point, they just want to move on and continue with their healing,” Clark said.

According to Clark, she had spoken “at length” with the immediate family and there was near-unanimous agreement to pursue the 12-year minimum.

Since the family mitigating factors had been considered in the original 2017 plea offer for the 18-year minimum sentence, Livengood said that he did not see a reason to factor that into his decision on the new plea agreement.

Livengood said that, while a jury may be able to convict on the third-degree charge, he was doubtful that the initial case warranted the reduction from first degree.

“This would be one of the worst third degree cases I’ve ever come across,” Livengood said. He added that it would be setting a “bad precedent” to allow a third degree case to plea down to a 12-year minimum, especially in light of several case circumstances that may indicate Zelanko acted with intentionality in the original incident.

It was an extremely evil act, Livengood said, and Zelanko may have had “specific intent to kill.”

“I see no reason to change the sentencing,” Livengood said.

Livengood was unmoved by a letter Zelanko’s mother gave to him before the hearing began. Gail Zelanko showed the courtroom staff a photo of her family, including her late husband, in a wooden “family” frame minutes before the hearing.

When given a chance to speak before Livengood handed down the reimposed sentence, Christy Zelanko apologized to her family, and said that the whole affair has been a “heartbreak” for her and her family, and that her time in prison has been difficult, asking the court to help her.

Schaffer noted that Zelanko had pursued “every advantage available to her,” while incarcerated, including classes, and has made great strides to better herself since the shooting.

“I don’t think 12 years is warranted considering the seriousness of the offense,” Livengood said, “my view on this case has not changed.”

Mirror Staff Writer Conner Goetz is at 814-946-7535.