GUILTY PA - Jonathan Austin, 22, found dismembered, Upper Mount Bethel, 25 May 2006

[blonde1]

OK, that helps because I was thinking custody gave access to checkbooks, etc.
It'll be interested to see how this pans out -- the part I saw about divorce was in the article in post #9 I think-- A lawyer's describing that he's been mediating the older bro's marital dispute for a couple of years...

 

[concernedperson]

And it could be that both brothers were ignorant about probate and guardianship. That they had their own preconceived notions about inheritance and what was theirs. They wouldn't be the first and surely, won't be the last. But in this case someone was responsible for a comeuppance.

And this involved murder and abuse of a corpse. The younger brother could have been a royal pain to the older brother. The wife could have thought the plan out in her mind and everyone could have manipulated. But, the crux is whether he killed his brother in self defence or killed him willfully, he still abused the body afterwards. This indicates a deep rage and something not to be taken lightly.

 

[oceanblueeyes]

OK, that helps because I was thinking custody gave access to checkbooks, etc.
It'll be interested to see how this pans out -- the part I saw about divorce was in the article in post #9 I think-- A lawyer's describing that he's been mediating the older bro's marital dispute for a couple of years...

Right... a Guardian or the custodian can sign checks but they can only do so if it is to pay for something that is directly needed or owed by the ward. The Courts are very savvy and suspicious of all payables made by the Guardian and will peruse them closely to see if they fit the criteria. The ward no matter the age becomes like a child that a person is responsible for.... I have been a Guardian three times and believe me I hope I never have to do it again.

When I became a Guardian one time I told my brothers and sister "well today I adopted a 70 year old child". as that is the overwhelming responsibility that one has. Everything...all things must be done with their best interest in mind. Night or day......24/7.

IMO

Ocean

 

[oceanblueeyes]

And it could be that both brothers were ignorant about probate and guardianship. That they had their own preconceived notions about inheritance and what was theirs. They wouldn't be the first and surely, won't be the last. But in this case someone was responsible for a comeuppance.

And this involved murder and abuse of a corpse. The younger brother could have been a royal pain to the older brother. The wife could have thought the plan out in her mind and everyone could have manipulated. But, the crux is whether he killed his brother in self defence or killed him willfully, he still abused the body afterwards. This indicates a deep rage and something not to be taken lightly.

Right I think he was enraged. Did this woman even have assets that would be so much they would be fighting over it? What if she had none.......what would be the point?

I know my sister in law many times has been so angry at her son in law for failing to do his part to see that his wife is properly medicated and looked after. I do know it can provoke anger if one thinks they are the only one doing anything about the problem. I guess we will have to wait and see when more information comes forward.

Imo he probably went up there and found her in a mess and just went berserk and did this. I dont think it was self-defense. I really dont think the brother saw it coming..they were just fighting mad with each other imo and he picked up the crowbar that was probably close by and went into a frenzy ....killing him.

I do think this was a crime of passion though not a premeditated murder.

IMO

Ocean

 

[shadowraiths]

I think some think by being a Guardian people have free rein of the ward's money. That is far from the truth. Every receipt no matter how small even if it is for band-aids must be kept and at the end of the year it has to be filed to the Court in total including a full accounting of all moneys received and spent. A Probate attorney can be called in by the Probate Judge at anytime to check all accounting matters to do with Guardianships.

I do not know if the younger brother was doing a fine job or not. I guess we will learn the truth about that sooner or later. However I do know this the younger generation usually are not very doting or attentive to a parent's needs. They are usually more about themselves.......being a free spirit...not a nursemaid to their parents.

Did it say this guy was getting a divorce? :waitasec: Maybe I missed that part of the story. I thought the wife said they were close?

They had filed for a no-fault divorce in 2004 and Stephen and Jennifer were still in the reconcillation process. That being said, there are a variety of guardianship arrangements. And while a certain amount of oversight does occur, it is hardly as rigorous as you describe. Furthermore, given the age of these kids, it's highly unlikely that they were fully aware of the ins-and-outs of the process. That is, since their attorney doesn't appear to be one of the brighter crayolas in the box. Another thing that people are rarely aware of is that elder abuse is sadly quite prevalent. But that is neither here nor there at this point. Whatever the case, it looks like Jennifers lies are coming to light. And yes, I think this situation goes much deeper than a crime of passion (or would you argue that most people who killed someone in the heat of the moment would then run around shopping while the remains of said individual is in their car?) and I have a pretty good idea just how deep. But I'll hold that opinion in abeyance for now.

 

[MidnightMyst]

He could have been taking steriods too...looking at the pics...old I know but he is so much more beefed up than before...That could possibly have something to do with it...no excuse ...sad story

 

[oceanblueeyes]

They had filed for a no-fault divorce in 2004 and Stephen and Jennifer were still in the reconciliation process. That being said, there are a variety of guardianship arrangements. And while a certain amount of oversight does occur, it is hardly as rigorous as you describe. Furthermore, given the age of these kids, it's highly unlikely that they were fully aware of the ins-and-outs of the process. That is, since their attorney doesn't appear to be one of the brighter crayolas in the box. Another thing that people are rarely aware of is that elder abuse is sadly quite prevalent. But that is neither here nor there at this point. Whatever the case, it looks like Jennifers lies are coming to light. And yes, I think this situation goes much deeper than a crime of passion (or would you argue that most people who killed someone in the heat of the moment would then run around shopping while the remains of said individual is in their car?) and I have a pretty good idea just how deep. But I'll hold that opinion in abeyance for now.

I have no idea how it is where you live but yes in my hometown Guardianships are closely watched and have even elevated through the years because of possible elder abuse. In the three that I did every receipt was kept, all bookkeeping was in full order and annual report filed in a timely manner. I certainly had no problem with it whatsoever. They explained what was expected of me and I followed their instructions. The person in need should be protected at all times and the Court is the one that sees that protection is accomplished by remaining vigil. Courts who are lax and do not do so are opening up the doors for elder abuse imo.

I do not know the full story......his or the situation with the brother.....what he may have done afterwards doesn't mean the murder was premeditated. Maybe this man had a psychotic break from reality.

Who knows?......the full story will come out eventually I am sure.

IMO

Ocean

 

[shadowraiths]

I do not know the full story......his or the situation with the brother.....what he may have done afterwards doesn't mean the murder was premeditated. Maybe this man had a psychotic break from reality.

There are other options besides "crime of passion" and "premeditation."

For example, consider the original interview with the lying wife, where Stephen was alleged to have said, 'I thought long and hard about this. I need to get something done today.' In a later article, it was reported that, 'Police also found six papers referring to Austin's mother, Katherine Austin. Police did not describe the contents of the papers. Jennifer Austin has said she and Stephen wanted to be Katherine's guardians.'

Otherwise put, Stephen may have planned to use force to intimidate his brother into signing some papers and it got out of hand. This type of scenario does not suggest prima facie "crime of passion" or "premeditation."

The big however. From that same article John Morganelli unequivocally states it is a murder one case. In addition he noted, "First-degree homicide case requires someone have the specific intent to kill, using a deadly weapon with malice."

DA's do not generally go for murder one without a good reason. Either way, I think it might be a good idea to investigate the lying wife and their reconciliation lawyer. Then again, that's just me.

 

[blonde1]

The one voice we're not hearing is Jonathan's - what do his friends say about him? We only have Stephen/wife's opinions.
I agree that it's curious that the very first intuition the wife has is that Stephen killed him! I can see asking if they had a fight - but immediately suspecting that he killed him? Sounds like there's been some expression of intent before from Stephen -- did the wife have to calm him down before because she feared he'd hurt his brother?
Was this all about arranging the medication correctly? Or was the younger brother stealing from his mom? If it was an adult abuse situation, younger son/mom, wouldn't the wife just spit that out immediately?
There's alot we don't know...

 

[oceanblueeyes]

There are other options besides "crime of passion" and "premeditation."

For example, consider the original interview with the lying wife, where Stephen was alleged to have said, 'I thought long and hard about this. I need to get something done today.' In a later article, it was reported that, 'Police also found six papers referring to Austin's mother, Katherine Austin. Police did not describe the contents of the papers. Jennifer Austin has said she and Stephen wanted to be Katherine's guardians.'

Otherwise put, Stephen may have planned to use force to intimidate his brother into signing some papers and it got out of hand. This type of scenario does not suggest prima facie "crime of passion" or "premeditation."

The big however. From that same article John Morganelli unequivocally states it is a murder one case. In addition he noted, "First-degree homicide case requires someone have the specific intent to kill, using a deadly weapon with malice."

DA's do not generally go for murder one without a good reason. Either way, I think it might be a good idea to investigate the lying wife and their reconciliation lawyer. Then again, that's just me.

Since it is impossible at this time to get into the defendant's mind we dont know what he meant by stating there was something he had to do. It could very well have been a verbal confrontation not a murderous intent.

I see nothing mysterious about his mother's papers being in his possession but it does seem to infer this event was triggered by the mother's mental disability which I believe will be a part of this case. I am sure there are neighbors of the mom and other friends that can testify if there was a rift between brothers with maybe one only taking care of the mom while the other one may have been negligent. It makes me wonder if they were prescriptions prescribed by her doctor that were never filled and he found them stuffed in a drawer somewhere.

I beg to differ, a DA will charge the maximum in most murder cases and there are quite a few that wind up with lessor degrees when the jury decides the case based on all of the evidence. We saw that in the Hope Schrieder case. Good grief she bludgeoned her poor sickly husband to death..the DA was going for 1st degree premeditated murder but she was convicted of 2nd degree. So no one ever knows how it will end up.

He may have premeditated this act. I do not know...but if he did then he should be given the ultimate punishment allowed.

I just dont believe all the inferences thrown out on blogs or other sites that are only an opinion about the case. The facts will come to light.....not just about that day but events leading up to that day.

I am only speculating.. myself.......as I certainly dont know the facts of this case. Nor am I wanting to give him a pass for murder......he did it and he should pay.....it is quite simple but yet I still know life is not lived in a tiny little box...there are things that lead up to this horrific act and I am more interested in why it ended up this way. I want to know the entire story...not just one side.

Does this man have a violent past?

IMO

Ocean

 

[oceanblueeyes]

The one voice we're not hearing is Jonathan's - what do his friends say about him? We only have Stephen/wife's opinions.
I agree that it's curious that the very first intuition the wife has is that Stephen killed him! I can see asking if they had a fight - but immediately suspecting that he killed him? Sounds like there's been some expression of intent before from Stephen -- did the wife have to calm him down before because she feared he'd hurt his brother?
Was this all about arranging the medication correctly? Or was the younger brother stealing from his mom? If it was an adult abuse situation, younger son/mom, wouldn't the wife just spit that out immediately?
There's alot we don't know...

Hi Blonde.

Yes imo there is so much more to this story. I do believe that the mother's care and mental disability is the underlying cause why this murder happened but exactly how it fits, we do not know.

We will just have to wait and see the facts unfold.

IMO

Ocean

 

[shadowraiths]

What I find most bothersome about this case is that both the lying wife and their reconcilliation attorney went trotting to the press with details that would normally be irrelevant to such a case. And really. Why go to the press if one plans to lie? That is, unless they are attempting to paint a picture of being an innocent bystander when they are anything but. You know... priming the metaphorical public opinion pump? Otherwise put, the lying along with the attorney's unnecessary disclosures simply scream "red-flags" to me. And yes, I know, I could obviously be quite wrong.

 

[oceanblueeyes]

My mother's keeper

Full article: click here

Thanks for the links. When I went to MySpace about Jon, I noticed many times friends commented how they came to Jon's home and played music all night long. He seems to be into some type of heavy metal group.

Do you think this was a good environment for his mother to be in? Could this behavior possibly have bothered Stephen?

It makes me wonder if Stephen waited until Jon came home and he didnt even get there until around 3am.

IMO

Ocean

 

[oceanblueeyes]

What I find most bothersome about this case is that both the lying wife and their reconcilliation attorney went trotting to the press with details that would normally be irrelevant to such a case. And really. Why go to the press if one plans to lie? That is, unless they are attempting to paint a picture of being an innocent bystander when they are anything but. You know... priming the metaphorical public opinion pump? Otherwise put, the lying along with the attorney's unnecessary disclosures simply scream "red-flags" to me. And yes, I know, I could obviously be quite wrong.

I didnt see anything strange about the divorce mitigating attorney. Many times couples can have problems in their marriage at one time but learn constructive ways to make the marriage better. If they entered mitigation in 2004 then it would be obvious if they are still together in 2006 they now have worked through their issues and are a happily married couple or "were" I should say.

IMO

Ocean

 

[shadowraiths]

Thanks for the links. When I went to MySpace about Jon, I noticed many times friends commented how they came to Jon's home and played music all night long. He seems to be into some type of heavy metal group.

Do you think this was a good environment for his mother to be in? Could this behavior possibly have bothered Stephen?

It makes me wonder if Stephen waited until Jon came home and he didnt even get there until around 3am.

I have little doubt that Jonathan's behavior bothered his brother. In fact, from reports, the brothers had a long-standing history of animosity and violence towards each other—mostly, from what I can tell, Stephen beating up Jonathan.

That said, it seems quite plausible (at least to me) that the family problems adversely affected Stephen's and Jennifer's marriage, possibly resulting in the 2004 no-fault divorce filing. If Jennifer filed for the divorce (which I don't know that she did) and Stephen wanted to stay married, then the carrot could have been the reconcilliation. This is not to say that she wanted him to (or even suggested) he get his brother out of the way, rather she could have identified the brother issues as an area that gave her pause in getting back together. And, for all we know, their reconcilliation was hinging on kicking out brother and putting mom in a home. Thus, not only relieving them of the family issues but also of the financial burden in the form of having a place to live.

Again, I obviously do not know and the above is nothing more than speculation on my part. So... you know. Take what you want and heave the rest.

 

[OkieGranny]

From December 2006:

http://articles.mcall.com/2006-12-22/news/3693756_1_brother-s-head-austin-s-wife-nursing-home

The bizarre saga of Stephen Austin, who drove to his mother's Upper Mount Bethel home and clubbed his younger brother to death, then dismembered the body and packaged the bloody parts for easy transport and disposal, ended Thursday with a guilty plea and a few tears, but no apology...

Austin, 26, formerly of Birdsboro, Berks County, was sentenced to serve 21-42 years in state prison for the slaying of his brother, Jonathan...