Published: September 01, 2006 12:01 pm      

Judge denies bail for Rutherford

Proceedings start in 20-year-old Ridgeway murder case

ALBION — Paul Rutherford Sr. will await his murder trial without the benefit of bail.

Rutherford, 54, was arraigned on a charge of second-degree murder Thursday in Orleans County Court. He is accused in the 1986 slaying of Ridgeway teen Randy Neal.

Over his attorney’s objections, Judge Robert Noonan ordered Rutherford held without bail.

Attorney Fonda Dawn Kubiak argued Rutherford poses little flight risk because of his ties to the area.

“He has five children and seven grandchildren,” Kubiak said. “For the majority of his life he has resided in the Middleport-Barker area.”

Rutherford has relatives he could live with and family members who would be willing to post property to secure his release, Kubiak said. She requested Noonan set a $100,000 bond.

“This charge is a 20-year-old homicide. He’s remained in the area,” she said. “He’s known he has been under investigation by the United States Attorney’s office for at least three years. ... He has no reason to flee.”

Niagara County Assistant District Attorney Holly Sloma objected, saying Rutherford’s criminal history dates back to 1971 and encompasses 11 arrests and eight convictions including felony burglary.

Rutherford’s alleged involvement in other crimes — such as stealing marijuana plants and the arson of a pick-up truck — have come to light during the investigation, Sloma said, and his behavior in that time suggests he’s a flight risk.

Rutherford fled officers in December 2004, when a grand jury issued a subpoena ordering him to give DNA samples in the Neal investigation, Sloma said.

“He has run. He is no stranger to the criminal justice system and is no friend to the criminal justice system.”

When he was indicted, Sloma added, Rutherford was living in the garage of an acquaintance with no phone number, no employment and was estranged from many family members.

Rutherford’s next court date is Oct. 17.

Randy Neal, 19, was found dead in his family’s Murdock Road home in July 1986; his throat had been slashed and his body was riddled with stab wounds.

Harry N. Ayrhart was convicted of murder in 1987 and is serving a sentence of 25 years to life.

Neal had been set to testify against Ayrhart in a burglary case. Police said Ayrhart and Rutherford were friends at the time of the murder.

Contact Holly Weber at (585) 798-1400, Ext. 2225.