A second man has been charged for the 2001 murder of Patrick Blair Hornbaker.
Leo Richard Durocher, 51, of Cumberland, Md., faces first degree murder charges for his involvement in the murder of Hornbaker, the 32-year-old found dead in his home on Route 9 near the West Virginia line.
Durocher will appear in court before Judge Thomas D. Horne at 10 a.m. Sept. 8 for a motions hearing.
Loudoun County Commonwealth’s Attorney Jim Plowman would not comment on Durocher’s involvement in the case or how he became a suspect.
[Durocher’s] connection was discovered in the course of an ongoing investigation,” Plowman said.
The arrest warrant claims that Durocher was tied to the case “Through the investigation and a cooperating witness ...”
Bonnie H. Hoffman, deputy public defender for Loudoun County confirmed that Durocher was indicted and said he was initially arrested for the daytime burglary of a residence.
Court documents show that the alleged burglary is of the Patrick Hornbaker home.
Durocher was taken into custody May 5, 2011, only a few weeks shy of the 10th anniversary of the Hornbaker killing. He was then extradited to Virginia, where he is currently being held.
Following the 2001 slaying, the Hornbaker case went cold for several years until 2006 when a new investigator was assigned to it.
By the summer of 2007, authorities had linked Hedgesville, W.Va., resident Robert Roy, 46, to the crime.
Roy was arrested on Nov. 12, 2008. In addition to capital murder, Roy was charged with robbery, armed burglary and use of a firearm in the commission of a felony. Roy was incarcerated in West Virginia at the time of his arrest.
While it originally appeared that Loudoun could be fielding its first death penalty case in recent history with the prosecution of Roy, former Loudoun Chief Deputy Commonwealth’s Attorney Jim Fisher requested in documents filed on April 28 that the capital murder charge be withdrawn and replaced with a murder charge.
Continuing investigation has revealed information that would statutorily prevent the Commonwealth from proceeding on a charge of capital murder in Count I of the indictment,” Fisher wrote in his motion.
Durocher was indicted on July 7 for five charges ― first degree murder, robbery, burglary, use of a firearm in the commission of a felony and possession of a firearm by a convicted felon.
Among the motions set for Judge Horne’s review on Sept. 8 is a motion to quash the indictment because Durocher did not receive a preliminary hearing on all charges.
Crystal Owens, Jana Wagoner and John Geddie contributed to this report.
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