WV Man Indicted For 2001 Homicide

It took more than seven years, but Loudoun County authorities announced Wednesday that a West Virginia man has been indicted for the 2001 death of Patrick Blair Hornbaker.

Now in custody in West Virginia on unrelated charges, Robert E. Roy, 44, was indicted by a Loudoun County Grand Jury Monday on charges of capital murder, robbery, burglary and the use of a firearm in commission of a felony. Roy has been incarcerated at the Mount Olive Correctional Center since 2003.

"I think this is a good tribute to those that stayed active, that stayed involved in this case," Sheriff Stephen O. Simpson said.

Hornbaker was killed by a gunshot to the head May 21, 2001. He was found in the bedroom of his home on Charles Town Pike near the West Virginia border around 4:22 p.m. that day. His mother had discovered Hornbaker's body when she returned home and called 911.

Hornbaker was 32 years old at the time of his death.

From the beginning of the investigation, authorities categorized the incident as a home break-in style robbery, and jewelry, home electronics and a small amount of prescription drugs were taken, but nothing else that would have been a motive for the crime.

The investigation in 2001 revealed that Hornbaker was taking Oxycodone and Elavil for pain stemming from a 1995 car accident.

Wednesday, Simpson said that there was no evidence that had led investigators to believe drugs were in any way connected to the crime or that Hornbaker and Roy knew each other at the time of the homicide.

"We have come up with nothing at this point that indicates they had prior knowledge of each other," he said, calling the homicide "possibly random."

Simpson said it would be easy to call the Hornbark homicide a cold case, but said that was really not the situation because "this case never stopped being investigated."

"Different things lead cases in different directions, but they are never forgotten," he said.

A new investigator was assigned to Hornbaker's death in 2006 and in the summer of 2007 evidence led Loudoun authorities to Roy.

"There's always a good reason for relooking at cases," Simpson said. "You start it over fresh."

Neither Simpson nor Commonwealth's Attorney James Plowman would comment on the type of evidence that led them to Roy, stating there was still a trial to get through and the county needed to protect it's case against him.

Roy has never been involved in any other incident in Loudoun, but has a criminal record in Maryland and West Virginia. At the time that new evidence was discovered in the Hornbaker case, evidence was revealed in other open cases in multiple jurisdictions. Roy has not yet been charged with any other crimes stemming from that evidence.

Of all the other cases in which Roy is a suspect, none are as violent as the Hornbaker case, Simpson said. The only other violent case was the assault for which Roy is currently serving time in West Virginia. That incident occurred after Hornbaker's death.

The investigation continues, as authorities believe that there may be one or even two more people involved in the incident. Those people, Simpson said, may be able to shed more light on a possible motive for the crime.

While Roy has been charged with capital murder, Plowman said no official determination has been made whether his office will seek the death penalty.

"Since it is capital murder case, the possibility of the death penalty is on the table for us," Plowman said. "Otherwise it would be life."

Roy's sentence in West Virginia does not end until 2013, but Plowman anticipates he will be brought to trial in Loudoun long before that time is up. The Commonwealth's Attorney's Office has requested extradition from the court. Roy has the right to oppose the extradition, following which the county would take legal procedures to have him brought to Loudoun, or Roy can concede to the extradition. Once the extradition is granted, the county will have 30 days to bring Roy to Loudoun.

Once Roy's legal process in Loudoun begins Deputy Commonwealth's Attorney James P. Fisher will be prosecuting the case for the commonwealth.

Speaking on behalf her family, many of whom stood beside her, Hornbaker's younger sister Leah Hornbaker Dunivan thanked the Loudoun authorities for their persistence in solving her brother's homicide.

"Today is a great day for our family," Dunivan said. "Our family needs justice and Patrick deserves justice. We hope this indictment will being peace to us all."