David Chmiel

Case record: David Chmiel

Background

Mary Drake was a day nurse hired to attend to James Lunario. After the killings, she was the one who found James, his sister Angelina, and brother Victor murdered in the home the three shared in Throop, Pennsylvania.

In the early 1980’s, Martin married the DeGrazio family’s daughter, Mary, and while living in the DeGrazio home, had befriended Victor. During their friendship, Victor allowed Martin access to a strongbox containing thick envelopes consisting of $100 bills, and lent money to Martin. As a result, Martin knew that the Lunarios had envelopes of cash hidden throughout their house.

Just before the murders, Martin had a falling out with Victor that essentially ended their friendship.

The offence

At approximately 9:00 a.m. on September 21, 1983, Mary Drake found James Lunario, his sister Angelina Lunario, and brother Victor Lunario murdered in the home they shared in Throop, Pennsylvania.

Autopsy findings showed:

• Angelina sustained eleven stab wounds.
• James sustained ten stab wounds.
• Victor sustained twelve stab wounds.

Angelina and James also had defensive stab wounds on their hands and/or arms.

The medical examiner estimated the time of death of all three victims as between 11:00 p.m. on Tuesday, September 20, 1983, and 2:00 a.m. on Wednesday, September 21, 1983.

Police findings at the crime scene included a sweater sleeve used as a mask during the robbery and murders of the Lunarios.

Police discovered substantial amounts of money, including $12,296 in cash. The Lunarios kept their cash in envelopes, which they hid in drawers, photo albums, and boxes, and maintained a record of their money by keeping a running tally on the front of the envelopes. Police discovered empty envelopes with notations on the front indicating that they had once contained a total of over $4000, which the police concluded had been stolen by the intruder.

Chmiel’s admissions conveyed to Martin included that:

• He tried to enter the Lunarios’ home via the cellar door, but it was locked, so he proceeded to enter the home through the rear door on the first floor.
• Angelina, seated on the couch in the living room, cried out, and Chmiel killed her to silence her.
• James attempted to scream from his hospital bed on the first floor, and Chmiel killed him.
• Chmiel proceeded up the stairs to the second floor, where he killed Victor in his bed.
• He stole $4,500.00 from the strongbox and $800 from Angelina’s purse.
• He searched for money under the cushions of the sofa Angelina had been sitting on.
• He straightened Angelina’s slumped body into an upright position.
• He placed the stolen money in a pillow case obtained from the Lunario home.
• After committing the murders and searching the premises for cash, he drove to Martin’s home.
• Martin’s wife, Mary, advised Martin that Martin was not home.
• After reading a news account discussing the substantial sums of money recovered by the police, he told Martin that “it would have been nice to get that” because “as it stands, I only got $1700 for each of them.”

Timeline

• September 20, 1983 (11:00 p.m.) — A neighbor observed Victor standing in the kitchen doorway of the Lunario home and heard Angelina call to him.
• September 20, 1983 (11:45 p.m.) — Linda was startled by her dog barking and observed a powder blue car with a shiny grill and hood ornament parked close to her own car.
• September 21, 1983 (1:20 a.m. to 1:25 a.m.) — Deborah Lahotsky Washenko let her dog out and heard a scream attributed to one of her neighbors.
• September 21, 1983 (1:20 a.m. to 1:25 a.m.) — Pauline Stroka heard a noise and, when she investigated, heard Angelina scream “Oh my God, no.”
• September 21, 1983 (2:15 a.m. to 2:30 a.m.) — Linda’s husband arrived home and saw the vehicle, which was gone by 8:00 a.m.
• September 21, 1983 (9:00 a.m.) — Mary Drake found James, Angelina, and Victor murdered in the home they shared in Throop, Pennsylvania.
• September 21, 1983 (10:30 a.m.) — Robert’s wife visited the construction site and informed Martin that the Lunarios had been murdered the previous night.
• September 28, 1983 — Police questioned Martin; after confrontation with a photograph depicting him wearing the sweater used to make the mask, Martin informed police of Chmiel’s confession and details only the murderer would have known.
• September 28, 1983 (shortly after midnight) — After a recorded conversation conclusion in a parking lot, police arrested Chmiel.
• September 29, 1983 — Chmiel was charged with criminal homicide, robbery, burglary, and theft by unlawful taking in connection with the deaths of Angelina, Victor, and James.
• October 29, 1984 — A jury found Chmiel guilty of three counts of murder of the first-degree, two counts of robbery, one count of burglary, and two counts of theft by unlawful taking.
• 1984 (after completion of the penalty phase of trial) — The jury sentenced Chmiel to death.

Investigation

Police were able to narrow the time of the murders to between 1:00 a.m. and 2:00 a.m. on September 21 based on observations by neighbors and the earlier medical examiner estimate.

Linda subsequently identified a car shown to her in a photograph as the one she saw in front of her house, and also identified a car at a State Police garage as the one she saw on the night of the murders. The vehicle in the photograph and in the garage belonged to Chmiel.

Based on the sweater sleeve mask found at the Lunario home, police traced the mask to Martin Chmiel with assistance of the DeGrazio family, who lived next door to the Lunarios.

A witness named Darryl Crawford testified that within a week of the murders he saw Chmiel flash $100 bills while drinking at a neighborhood bar. Crawford further testified that when Chmiel’s wife contacted him by telephone at the bar, they engaged in a heated argument during which Chmiel exclaimed “I’ll kill you too.”

Based on hair and mitochondrial DNA evidence:

• A Pennsylvania State Police forensic scientist conducted a microscopic analysis of six hairs retrieved from the sweater sleeve mask found in Victor’s bedroom.
• The forensic scientist concluded that two hairs found on the mask were microscopically similar to Chmiel’s hair and excluded Martin and the Lunarios as sources.
• Mitochondrial DNA testing revealed that Chmiel matched one of the mitochondrial DNA profiles retrieved from two of the hairs found in the sweater sleeve mask.

Police ruled out Martin’s involvement by independently verifying his alibi with several impartial sources.

Arrest

At the request of Trooper Gaetano and Trooper Carlson, Martin agreed to wear a wire on September 28, 1983, to record a conversation with Chmiel. Arrangements were made for the meeting between Martin and Chmiel to take place in a parking lot. During the meeting, Chmiel was guarded with his remarks to Martin.

Shortly after midnight, following the conclusion of the recorded conversation, police arrested Chmiel. After arresting Chmiel, police administered Miranda warnings, and Chmiel indicated that he understood his constitutional rights. Chmiel agreed to answer Trooper Gaetano’s questions.

Trooper Gaetano inquired into Chmiel’s whereabouts “last Tuesday night” (i.e., September 21, 1983). Chmiel responded that he had been at home watching television with his wife. When Trooper Gaetano pressed further, Chmiel declined to elaborate or provide any more information.

The day after Chmiel’s arrest, police conducted a search of his home and discovered $2400 in $50 and $100 bills on top of a hutch in the dining room.

Trial

Chmiel was charged with criminal homicide, robbery, burglary, and theft by unlawful taking in connection with the deaths of Angelina, Victor, and James on September 29, 1983.

On October 29, 1984, a jury found Chmiel guilty of:

• Three counts of murder of the first-degree
• Two counts of robbery
• One count of burglary
• Two counts of theft by unlawful taking

The jury completed the penalty phase of the trial and then sentenced Chmiel to death.

Other details

Other charged conduct (prior case referenced)

Five months prior to the Lunario murders, on April 21, 1983, David Chmiel was charged with rape, involuntary deviate sexual intercourse, indecent and aggravated assault, terroristic threats, and recklessly endangering another person. Chmiel was subsequently convicted of these crimes in 1983.

Family relationships and involvement

Chmiel’s brother was Martin Chmiel. Another brother of David Chmiel was Robert D. Chmiel. Robert’s sister was Nancy Chmiel Moran (Nancy).

Chmiel and Martin agreed to burglarize the Lunario home after Martin informed Chmiel about Victor’s strongbox of cash and envelopes of money. The plan involved fashioning masks out of one of Martin’s sweaters, and Martin provided the layout of the Lunario home to Chmiel. Martin later told police he changed his mind and backed out of the plan.

On the morning after the Lunario murders, Chmiel and Martin were rebuilding the fire-damaged home of Nancy and her husband, Thomas Buffton.

Evidence connected to time and scene

The autopsy time-of-death estimate was narrowed using information provided by several neighbors, including:

• A neighbor walking his dog at approximately 11:00 p.m. September 20 who observed Victor standing in the kitchen doorway and heard Angelina call to him.
• Linda, whose dog bark startled her at 11:45 p.m. September 20 and who observed a powder blue car with a shiny grill and hood ornament parked close to her own car; Linda’s husband also saw this vehicle when he arrived home between 2:15 and 2:30 a.m. September 21; both stated the vehicle was gone by 8:00 a.m.

Pauline Stroka’s testimony included Angelina’s scream: “Oh my God, no.”

Outcome

After completion of the penalty phase of trial, the jury sentenced Chmiel to death in 1984.