WASHINGTON, Pa. (KDKA) — It’s been more than three years since a Washington County man was murdered inside his home, shot in the back of the head as he slept.

The victim’s family is now pleading that charges be filed.

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“We just want justice, he deserves that. He was shot in the back of the head, didn’t even have the chance to defend himself and I feel he deserves some kind of closure,” said Kris Sprowls, the victim’s sister.

The Durbins were a family in mourning Wednesday on the steps of the Washington County Courthouse.

They shed tears and held pictures of 43-year-old James Durbin, who was found dead inside his home in Morris Township on Tuesday, Aug. 23, 2011. The case remains unsolved.

Recently, documents in the case were unsealed.

Durbin’s family believes it sheds light on his wife and an alleged affair she had with a Pennsylvania state senator. They’re all factors the victim’s family believes is the reason no charges have yet been filed.

“We believe that in light of the unsealed documents where Amy Durbin is alleged to have carried out external marital affairs with several men, one of them being state Sen. Tim Solobay, that this case hasn’t moved forward for fear of exposing those messy details about a powerful elected official,” said Sprowls.

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Washington County District Attorney Eugene Vittone set the record straight.

“I will say that Tim Solobay was interviewed by the Pennsylvania State Police, that was as a witness. He is not a suspect in this matter, nor is he a person of interest in the homicide,” said Vittone.

About the actual investigation, Vittone will say it is ongoing and there are suspects.

“I can’t give into the number of suspects, there are several,” he said.

After meeting with Vittone, Durbin’s family emerged, still unsatisfied.

“I think that there should have been arrests already. I feel that we have enough evidence,” said Sprowls.

Vittone says what it boils down to is what he can prove in court, and so far, the investigation has not reached that stage. There is no statute of limitations on murder.

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