Crime & Safety

Stabbing Charges Head to Trial

A number of people showed up in court to support a Phoenixville man charged with attempted murder and related charges stemming from a recent stabbing.

A prosecutor anticipates William Donald Ayres Jr.’s lawyer will mount a self-defense strategy when the case of a stabbing that occurred on Phoenixville’s north side heads to Chester County Court of Common Pleas.

All charges—including a new one for aggravated assault—were held for court after a speedy preliminary hearing followed by a dramatic bail hearing Thursday afternoon in front of District Judge Stanley Scott. Bail was reduced by Scott from half a million dollars down to $100,000 with a 10 percent option.

During the bail hearing, as Ayres, 65, sat bundled in a large blue coat, his defense attorney James Freeman painted him as a gentle, humble man with financial trouble who “wouldn’t hurt a fly” and has not had any problems with the law in 27 years. Assistant District Attorney Brian Burack pointed to a victim who remains in the hospital with a stab wound to the chest, and brought up guilty pleas from prior offenses, including reckless endangerment, aggravated assault and possessing an instrument of crime, in 1985 and 1972.

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While the bail hearing took up the bulk of the proceedings, Burack called two witnesses during the preliminary hearing Thursday.

Burack asked Phoenixville Police Officer Sean Knapp just a few questions, with Knapp testifying that on Jan. 17, he responded to a reported stabbing at 6:13 p.m. in the 200 block of St. Mary’s Street. When he arrived, the officer told the judge, he met with Ayres. He said he asked Ayres about the stabbing and the victim, who was at the time at Phoenixville Hospital.

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“He said, ‘I stabbed him. He came at me and I stabbed him,’” Knapp said.

On cross-examination, Freeman tried to get into questioning on why the officer went to the home in the first place. According to the criminal complaint, Ayres called police. Burack objected, stating that that line of questioning pointed to a self-defense case, which should be made in county court rather than in a preliminary hearing.

Freeman at one point scoffed, telling the judge he couldn’t be “totally handcuffed” in questioning Knapp.

“The bracelets are on, Mr. Freeman,” Scott told him.

Knapp was permitted to answer a question on the way Ayres appeared when he arrived. The officer testified that Ayres “seemed excited,” and wasn’t upset—crying or disheveled—but was excited because something had just happened.

Burack next called John Wilfong Jr., who lived in the home in the 200 block of St. Mary’s Street with Ayres and the victim. Wilfong’s direct questioning was brief, as well, with Wilfong telling the judge he heard someone yell and went to see what happened.

“I saw one man stabbed and one man holding a knife,” Wilfong said.

Ayres, he said, was the one holding the knife, while the victim, whom Wilfong took to the hospital, had blood coming out of his chest.

On cross-examination, Freeman again ran into walls, with Burack objecting that he was trying to delve into a defense rather than just get to the matter at hand—whether or not there was a stabbing. At a preliminary hearing, enough evidence must be presented to support the charges and then the judge will rule if those charges move on to criminal court. Burack explained that asking questions that would point to a self-defense case was going farther than the scope of a preliminary hearing.

On cross-examination, Wilfong said he heard the victim yelling, and didn’t hear Ayres yelling. When he got to the kitchen, the victim was holding his upper left chest, and the witness testified that he grabbed the victim and wanted to get him out and to the hospital. Wilfong said he used a wheelchair to get the victim to the emergency room, where he was shooed away so doctors could work on the victim, who was later airlifted to Paoli Hospital.

According to the criminal complaint, the victim, 57, suffered a stab wound to the chest that punctured his lung and a stab wound to his left hand.

Wilfong said he was in a frenzy and couldn't remember details about what hand the knife was in or what position Ayres was holding the knife. 

During his closing argument, Freeman asked Scott to dismiss the charges of attempted murder, aggravated assault and reckless endangerment because he said there was no testimony on the extent of the victim’s injuries. Those charges, Freeman said, must involve “serious bodily injury.”

Burack read the definition, noting that serious bodily injury “creates a substantial risk of death.” Explaining that the victim had a stab wound to the chest and was screaming to go to the hospital, Burack said the injuries did create substantial risk.

Freeman said the judge hadn’t heard any testimony on the extent of the injuries.

“Mere bleeding does not amount to serious bodily injury,” Freeman said.

Burack said the testimony showed that Ayres had taken a “deadly weapon to a vital organ” during the stabbing.

“Stabbing someone in the chest surely puts someone at risk for serious bodily injury,” Burack said.

All charges, included the aggravated assault charge added Thursday, were bound over to county court by Scott, who then presided over the bail hearing.

Freeman began by saying that Ayres, who goes by “Don,” is 65 and not in great health. Ayres didn’t have much money and Freeman said he was being paid by family members as Ayres wouldn’t be able to afford private counsel. He pointed to the eight to 10 people who had shown up to support Ayres.

“They came here on their own volition,” Freeman said, saying he rarely sees support like that for clients.

Some of the friends there had known Ayres for three decades, and Freeman named some of their job titles during his bail argument. Ayres, Freeman said, was a master electrician and works as a handyman doing odd jobs.

“[Ayres] is a well-known person,” Freeman said. “He is extremely non-violent. He wouldn’t hurt a fly.”

Dr. Lou Beccaria, president and CEO of Phoenixville Community Health Foundation, had dropped off a letter to Freeman’s office in support of Ayres, Freeman said, and he read some of the letter in front of the judge. Freeman asked the supporters to stand up through the bulk of the bail hearing.

Additionally, Freeman said if Ayres posed a danger to the community or a flight risk, police would not have released him. Ayres was taken into custody on Jan. 17 and then set free, with police arresting him again on Jan. 20.

Burack said the Commonwealth works closely with the bail agency on such matters, and he explained that a bail agent was not on hand for Ayres’ hearing. The agency’s recommendation was for the amount to stay at $500,000.

“Given the seriousness of the charges, I’ll be opposing [a change to bail],” Burack said.

Freeman called the half-million bail “a total knee-jerk reaction” and Burack pointed to the victim, who he said remains in Paoli Hospital. Ayres was not crime-free, either, Burack explained, noting a felony burglary charge along with larceny and receiving stolen property charges that Ayres pleaded guilty to in 1972. In 1985, Burack said Ayres pleaded guilty to possessing and instrument of crime, aggravated assault and reckless endangerment.

Burack and Freeman quibbled about whether the victim was in the intensive-care unit or whether he was up and moving at Paoli Hospital.

“Whether he’s in the hospital or in the ICU, he had a knife go through his chest,” Burack said.

Freeman said it was “unconscionable” to leave Ayres in prison.

“It’s kind of like kicking a puppy or pushing an old person around,” Freeman told the judge.

Burack again pointed out that the bail agency wasn’t on hand so he had no way of knowing Ayres’ behavior during the prior cases, and specifically whether or not a bench warrant ever had to be issued as those charges went through system. Freeman said during the bail hearing that Ayres couldn’t recall specifics on the past charges.

After the arguments concluded, Scott said Ayres had appeared before him briefly and conducted himself well.

“I value myself as being a good judge of character,” Scott said.

Then later, Ayres appeared on the attempted murder charge, leading Scott to question his original impression.

“We don’t really know an individual no matter how long we’ve known them,” Scott said.

Bail was adjusted to $100,000, with a 10 percent option. Ayres was returned to Chester County Prison. If released, Freeman said Ayres is no longer residing at the address on St. Mary’s Street.

Formal arraignment is set for Feb. 2 in the Chester County Court of Common Pleas.


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