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Judge denies bid to avoid extradition to face negligent homicide for husband’s death.
SCRANTON – A federal judge has denied a Meshoppen woman’s request to stay her extradition to Canada on a charge of negligent homicide for the shooting death of her husband.
U.S. District Magistrate Judge Malachy Mannion did grant Mary Beth Harshbarger an additional week to surrender to allow her attorney time to file a court challenge to Mannion’s prior ruling that denied Harshbarger’s request to halt her extradition entirely.
Harshbarger, 43, faces extradition in connection with the Sept. 13, 2006 shooting death of her husband, Mark, during a hunting trip to Buchans Junction, Newfoundland.
Harshbarger claims she accidentally shot Mark as he exited the woods, believing he was a bear.
The shooting occurred just before 8 p.m. Canadian authorities contend Harshbarger should no have fired the shot because it was too dark.
Mannion held an extradition hearing on Feb. 13. In a ruling issued March 4, he determined there was sufficient evidence to try Harshbarger.
He directed her to surrender to federal marshals by this Friday.
Harshbarger’s attorney, Paul Ackourey, filed an emergency motion seeking a 60-day stay to allow him time to file a second court petition – known as a writ of habeas corpus – that would challenge the extradition ruling.
Mannion denied that motion Thursday, saying Ackourey had known since the extradition hearing that Harshbarger would be required to surrender if she was found to be extraditable, therefore there was no grounds to delay extradition to allow him time to now prepare the habeas corpus petition.
Mannion said “in the interest of justice,” he would postpone her surrender date until March 20, to allow Ackourey time to file the petition.