Judge separates cases for three homicide defendants charged in Donora store killing
Worker fatally shot in February 2021 while making a sandwich for customer
A judge agreed to break apart the criminal cases for two defendants accused of shooting and killing a Donora convenience store worker in 2021 – along with an alleged accomplice – meaning there will be three separate trials for the suspects, all of whom are facing the death penalty if convicted.
Washington County Judge Traci McDonald ruled Monday that the cases for the three defendants should be “severed” since one of the suspects is also facing federal drug charges, meaning he is unable to attend hearings or even his trial, which has not yet been scheduled.
Devell Christian and Sidney McLean are facing homicide charges in connection with the Feb. 24, 2021, killing of Nicholas Tarpley at Anna Lee’s Convenience Store at 501 Allen Ave. in Donora. Tarpley, 28, was shot six times by two masked assailants while his back was turned to them as he made a sandwich for a customer at the store. Christian, 35, of White Oak, and McLean, 36, of McKeesport, were arrested in July 2021 and prosecutors said they intend to ask for the death penalty during sentencing if the two men are convicted.
A third suspect, 29-year-old Jah Sutton of Homewood, is also charged with homicide after investigators said they found what is believed to be her DNA on a shell casing located at the scene, although no evidence has been presented that she was at the store during the shooting. However, prosecutors are also pursuing the death penalty against her as well.
McLean and Sutton, who are being held without bond at the Washington County jail, were shackled and wearing orange jail jumpsuits as they attended Monday’s hearing with their attorneys at the Washington County Courthouse. But Christian, who is being held at the Butler County jail while he awaits trial on federal drug charges, appeared through video conferencing since the U.S. Marshal’s Service apparently will not allow him to leave until the federal case concludes.
That meant Christian was unable to confer directly with his defense attorneys and would not be able to attend his own trial, which could present logistical problems and have serious ramifications if he were to appeal any potential conviction.
“If the court was on the fence, this seems to be a natural breaking point for separating these cases,” Christian’s defense attorney, Ken Haber, told McDonald, adding the federal case might not be adjudicated for at least a year.
While the parties were in court Monday for a continued suppression hearing, Deputy District Attorney John Friedmann said it would be difficult to move forward without making a decision on whether the three cases should remain tied together.
“I think the severance issue must be decided first,” Friedmann said.
“But does it?” McDonald responded. “Because many of the suppression issues can be held the same at trial. A lot of the information is duplicative. … The pre-eminent argument is whether we can get all (the defendants) in the same room with their attorneys. It’s cumbersome, but we can do it.”
McLean’s defense attorney, Patrick Nightingale, noted that the three defendants are required by court order to physically attend all pre-trial hearings since they are facing the death penalty.
“This does not get any more serious,” Nightingale said.
Attorneys for Sutton were indifferent to whatever McDonald ruled about severing the trials, acknowledging their client’s case was much different than the other two since she is not accused of pulling the trigger or possibly even being at the scene during the shooting.
McDonald seemed to agree that the best way to move the cases forward was to separate them from one another.
“I’ve made no secret that severance is the most prudent move,” the judge said. “I think it’s in the best interest to sever the cases for the purposes of trial.”
After separating the cases, McDonald allowed attorneys for McLean to continue cross-examining state police Cpl. Adam Janosko about witness interviews as part of an earlier suppression hearing continued from October. Attorneys for Christian and Sutton also remained in the courtroom during the hearing, which was expected to continue into today.
There is no timeline for when McLean and Sutton will go to trial.