October 26, 2015- Commonwealth v Jarrod Tutko, Sr and Commonwealth v Kimberly Tutko:  Jarrod and Kimberly Tutko each appeared before Judge John F. Cherry this morning and entered pleas of guilty to Third Degree Murder for the starvation death of their nine-year-old son Jarrod Tutko, Jr.  The charges stem from the facts surrounding their son's death which were uncovered after Kimberly Tutko called 911 on August 1, 2014.  The Harrisburg Bureau of Police officers were dispatched to 2119 Green Street, in the City of Harrisburg for the report of a deceased child.  Upon arriving at the home, officers were advised by Kimberly Tutko that her husband, Jarrod Tutko, Sr., told her that their nine year old son, Jarrod Tutko, Jr. had been dead for days.  Officers searched the home and found Jarrod Tutko, Jr.’s decomposing body on the floor of a bathroom located on second floor of the residence.  A further search of the residence revealed that Jarrod Tutko, Jr. had been confined to a bed room on the third floor of the residence.  Inside the room police officers observed the only furniture in the room was a television bolted to a television stand.  A thick coating of feces was smeared on the walls and floor of room.  Located in the middle of the floor was a feces covered stuffed rabbit and blanket.  Flies swarmed throughout the room. The door knobs were observed to have been ‘reversed’.  That is, the door knob locked from the hallway so that anyone inside the room could not get out of the room once the lock was engaged.

That same night police officers and caseworkers from Dauphin County Children and Youth became concerned for the wellbeing of the other children in the home.  A decision was made to take custody of the surviving Tutko children.  There was a particular concern for Arianna Tutko since she was confined to a hospital bed due to her medical condition.  She was in a vegetative state and required 24 hour care.  It was noted at the scene that her heart rate was slow and her body temperature was below normal.   

Jarrod Tutko, Sr. appeared in court first before Judge Cherry to enter his plea.  In addition to Third Degree Murder, Mr. Tutko, pleaded guilty to two counts of Endangering the Welfare of Children (victims-Jarrod Tutko, Jr., Arianna Tutko), one count of Concealing the Death of a Child and one count of Aggravated Assault (victim-Arianna Tutko).  Kimberly Tutko next entered her pleas of guilty to Third Degree Murder, Aggravated Assault (victim-Arianna Tutko) and two counts of Endangering the Welfare of Children (victims-Jarrod Tutko, Jr. and Arianna Tutko).  Judge Cherry ordered presentence investigations in both cases and set a sentencing date for December 16, 2015 at 10:30 AM.

Chief Deputy District Attorney Seán McCormack explained the reason for the third degree murder plea: "First degree murder requires proving that the Tutkos specifically intended to kill Jarrod Junior.  In analyzing the facts of this case, we believe this is a case of third degree murder.  Third degree murder is a killing with malice.  That is, Jarrod Junior died as a result of their actions, or just as importantly their failure to act, and while doing so, they acted with malicious intent.  In other words, while we do not believe they specifically tried to kill their son, we found that the circumstances surrounding his death demonstrated an extreme indifference to the value of human life.  At trial we intended to argue that these parents had a strong financial incentive, in the form of state money, to keep Jarrod Junior alive, however barely.  We asserted in court today that Jarrod Junior's death was the result of Jarrod Tutko, Sr. and Kimberly Tutko putting forth only a minimal effort to provide for their 9 year old son’s basic needs and the inhumane manner in which they inexcusably confined their son to the hot, sparse, feces smeared third floor bedroom where he spent the final months of his life."