Homicide suspect joins petition asking Pa. Supreme Court to block DA’s pursuit of death penalty
Filing argues Walsh should not be allowed special counsel for case
Attorneys for a defendant facing the death penalty have intervened in the petition attempting to restrict Washington County’s district attorney from pursuing capital murder cases, arguing he should not be afforded special counsel to help him respond to the complaint.
Attorneys Ryan James and Kenneth Haber filed as interveners Wednesday on behalf of their client, Devell Christian, claiming that District Attorney Jason Walsh should be forced to represent himself in the petition to the state Supreme Court since the case is challenging his prosecutorial powers.
The filing piggybacks onto the petition the Philadelphia-based Atlantic Center for Capital Representation submitted July 22 alleging Walsh has abused his discretion by using the threat of the death penalty against defendants as a political tool or to exert leverage over them to accept plea bargains. The Atlantic Center’s petition notes how Walsh has pursued the death penalty on nearly a dozen defendants since he was elevated to district attorney in August 2021, with Washington County at one point having more than one-quarter of all such cases in the state.
At Walsh’s request, the Washington County commissioners agreed during an Aug. 1 emergency meeting to hire eastern Pennsylvania attorneys Shohin Vance and Joshua Voss at a rate of $480 per hour, although the county’s insurance is expected to cover most of the costs.
James and Haber wrote in their filing that private attorneys should not be permitted to respond on Walsh’s behalf because the petition names the prosecutor’s office – not Walsh himself – and so it should be the district attorney who handles his own defense of the death penalty issue.
“District Attorney Walsh is abusing the powers of his office in the way he is bringing capital cases, and he’s attempting to personally defend himself for the way he is exercising his discretion,” the filing states.
The filing added that the “government ought to speak through its public-servant prosecutors who are sworn to serve the public trust and bound by special Rules of Professional Conduct” rather than the special counsel.
“Devell Christian has an interest in ensuring that the handling of his case, and the administration of the death penalty is not being abused for political purposes,” the filing states. “He further has an interest, too, in ensuring that when his government wants to put him to death, that it is his government that speaks through its attorneys representing the public interest, not privately retained counsel hired to protect one agent acting on behalf of the Commonwealth.”
Christian is one of two defendants charged with homicide in the February 2021 shooting of 28-year-old Nicholas Tarpley, who was shot in the back multiple times while he made a sandwich for a customer at Anna Lee’s Convenience Store in Donora. Christian, 35, of White Oak, and Sidney Devon McLean, 36, of McKeesport, were arrested and charged in July 2021, and both could face the death penalty if convicted of first-degree murder in Tarpley’s killing.
The filing also notes that Vance is vice chairman of the state Disciplinary Board, possibly making it a conflict of interest if anyone brought a complaint against Walsh for alleged unethical behavior related to his legal work. The filing asks the state Supreme Court to immediately remove Vance and Voss from representing Walsh, and require the prosecutor to defend himself.
“Attorney Vance does not, and cannot, speak for the Commonwealth, nor can his colleague, Attorney Voss,” the filing states.
Reached by telephone Friday morning, James declined comment and deferred to the details in his filing.
Walsh called the intervening petition “nonsensical distraction” and accused Christian’s defense attorneys of allowing the case to drag on more than four years after he was charged with homicide.
“It’s just political nonsense,” Walsh said. “They’ve delayed their client’s case for years. Nothing (with this petition) has to do with their case. They should focus on the facts of the case.”
While the petition initially required a response from Walsh by Aug. 5, Vance and Voss asked for and were granted a delay until Aug. 22.
Atlantic Center Executive Director Marc Bookman said in a written statement Friday that they do not think Vance or Voss should be permitted to file any response at all.
“Our claim is that the District Attorney of Washington County is abusing his discretion in seeking the death penalty inappropriately, and certainly Devell Christian has a strong interest in that claim,” Bookman said. “But our claim is against the Commonwealth, not an individual person. Private lawyers have no authority to represent the Commonwealth. We will be asking the Pennsylvania Supreme Court to reject any filing made by private attorneys on behalf of the Commonwealth.”
The Atlantic Center filed the original petition last month on behalf of defendants Jordan Clarke of Peters Township and Joshua George of Smith Township, both of whom are facing the death penalty if convicted of first-degree murder in the separate cases involving the deaths of their infant sons. The center is asking the high court to place restrictions on Walsh’s ability to pursue the death penalty and have an outside judge review current and potentially future capital murder cases.