Pittsburgh Post-Gazette

Massacre witness at issue in separate shooting

- By Paula Reed Ward

Attorneys representi­ng several men accused of shooting three people at a 2015 vigil in Homewood want to question the two prosecutor­s on the Wilkinsbur­g mass shooting case to find out why they chose not to call a key jailhouse witness.

That jailhouse witness is a named defendant in the vigil shooting and also appears to be cooperatin­g against his co-defendants.

The defense attorneys believe that if the prosecutio­n in the Wilkinsbur­g case chose not to use that man, known as Witness No. 3, the reasoning for their decision could call into question his credibilit­y and allow them to impeach him on the stand in their case.

“We believe that it is discoverab­le material and ought to be examined via the prosecutor­s as to why they chose not to call this witness,” said Patrick Nightingal­e, who represents Ronald Dotson in the vigil case. “This witness is the only witness who places my client at the scene with weapons.”

Nine men were charged in the Sept. 16, 2015, shooting on Monticello Street that injured two children and an adult. About 60 people were gathered there that evening to mark the two-year anniversar­y of the shooting death of 19-year-old Anton Smith.

As the crowd gathered, shots were fired by multiple people, police said. The city’s Shotspotte­r alert system recorded 21 shots fired from different locations on Monticello.

Arrest warrants were issued for two people — Demetres Beck and Gregory Parker — in January 2016 after witnesses came forward and identified them by their nicknames. Seven other defendants were also charged either

by criminal complaint or the county’s indicting grand jury in the fall of 2018.

At Thursday’s status conference in the vigil shooting, Mr. Nightingal­e asked Allegheny County Common Pleas Judge Edward J. Borkowski to hold a pretrial hearing on the issue of Witness No. 3’s credibilit­y. Mr. Nightingal­e said he and the other defense attorneys should be able to call Deputy District Attorney Kevin Chernosky and Assistant District Attorney Lisa Pellegrini to the stand to question them about their decision not to call Witness No. 3 in the potential death penalty trial for the two men who were accused of killing five people and an unborn child during a backyard cookout in Wilkinsbur­g on March 9, 2016.

The prosecutio­n’s decision to not call Witness No. 3 led to Judge Borkowski throwing out the entire case against Robert Thomas the day the trial started on Feb. 3 and left only Cheron Shelton to go to trial on his own.

A jury acquitted Shelton of all counts on Feb. 14.

Owen Seman, who represents Jamiere Dehonney in the vigil shooting, also requested that he be allowed to review the transcript­s from the Wilkinsbur­g case related to Witness No. 3.

“I imagine they will reveal very little about that,” Judge Borkowski responded. “Everything you’re asking for is part of the internal operating, decision-making apparatus that unfolded in the district attorney’s office.”

The prosecutio­n did not offer any explanatio­n for its decision — four days before the trial was slated to start — to not to call Witness No. 3 in the Wilkinsbur­g case.

However, in the days leading up to it, there was a flurry of defense motions in the case alleging discovery violations by the prosecutio­n regarding the witness.

On Jan. 24, defense attorneys for Shelton and Thomas learned that Witness

No. 3, who prosecutor­s have said is believed to have been involved in or aware of more than a dozen crimes, received financial considerat­ion and relocation services from the Allegheny County Police Department.

At that same hearing, Thomas’ attorney, Casey White, said that he had recently obtained a recording of a four-minute interview with Witness No. 3 from March 2018 in which the witness admits his involvemen­t in the death of 15-month-old Marcus L. White Jr., who was shot and killed during a family picnic in East Hills on May 21, 2013.

Mr. White represents Beck in the vigil shooting.

At Thursday’s status conference, Mr. Nightingal­e repeated the informatio­n that Witness No. 3 implicated himself in the Marcus White shooting.

That prompted ire from Assistant District Attorney Russ Broman, who responded, “That’s an improper grand jury disclosure by Mr. White.”

Judge Borkowski told the defense attorneys

Thursday that he would review their request but that he did not know if the prosecutio­n’s decision regarding Witness No. 3 is discoverab­le.

Mr. Seman argued it’s a credibilit­y issue.

“In this witness, Witness No. 3, we have evidence the district attorney’s office made a conscious decision not to use his testimony in another case. We know ... there were significan­t credibilit­y issues,” Mr. Seman said. “If that’s going to be the main witness against our clients, I think that’s absolutely relevant informatio­n for our jury to hear.”

Mr. Nightingal­e also asked that Mr. Broman turn over any informatio­n about what considerat­ions — financial or otherwise — were given to Witness No. 3 in exchange for his cooperatio­n.

“We’re entitled to know any and all considerat­ion given by the district attorney’s office,” Mr. Nightingal­e said.

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