Prosecutors said Gearhart lured the would-be robbery victim to his home and, after the shooting, declined to promptly call for medical assistance for McNerny. McNerny was not part of the robbery plot nor its intended victim. Witnesses said McNerny identified Zachary McGrath of Latrobe as the robber and was shot as a scuffle over the gun ensued. McNerny, 20, was gunned down as he stepped between the intended robbery victim and a masked man with a gun. The defendant was a full and active participant in this crime. “The jury obviously agreed there was a robbery and a conspiracy. Westmoreland County District Attorney John Peck asked for a sentence of 30 to 60 years that would have included consecutive prison terms for the murder as well as for conspiracy and robbery. 20, 2016, shooting, he will be eligible for parole in less than seven years. Because Gearhart has been in jail since his arrest following the Jan. I am really sorry,” Gearhart said.īilik-DeFazio ordered Gearhart to serve 10 to 20 years in prison. I really didn’t know what was going to happen. Gearhart, now 21, for the first time since his arrest following the fatal shooting, addressed the McNerny family during Monday’s sentencing hearing. Prosecutors sought a second-degree finding and argued during a March trial that McNerny was shot while trying to intervene in a robbery in front of Gearhart’s home on St. Westmoreland County Common Pleas Judge Meagan Bilik-DeFazio said she would not overrule a jury verdict that found Colin Gearhart guilty of third-degree murder. The third of three men convicted in the January 2016 murder of Daniel McNerny was sentenced to 10 to 20 years in prison Monday.
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