Carnegie man convicted in deadly Club Erotica shooting to get new trial

Allegheny County Common Pleas Judge Anthony M. Mariani on Wednesday threw out a jury verdict and ordered a new trial for a man found guilty of third-degree murder in last year’s fatal shooting outside a McKees Rocks strip club.

Bruce Antkowiak, a former federal prosecutor who teaches law at Saint Vincent College, described Mariani’s actions as “enormously unusual.”

The judge’s decision — and another to allow the shooter to be released on house arrest pending retrial — prompted anger from the victim’s father.

“I am in absolute shock a judge would overturn a conviction by a jury,” Steve McDermit said. “The judge just decided on his own — no new evidence — we’re just going to give him a new trial.

“It seems like there’s a lot of underhanded stuff going on.”

The district attorney’s office said it would appeal to the state Superior Court. There was no additional comment.

Charles Becher, 24, of Carnegie, was found guilty of third-degree murder on Oct. 22, following three days of deliberations. The jury rejected his claim of self-defense.

The prosecution said Becher shot and killed Seth McDermit, 31, of Monongahela, early Jan. 29 in the parking lot of Club Erotica in McKees Rocks.

Assistant District Attorney Ryan Kiray told the jury that Becher’s two female cousins instigated a fight outside the club with McDermit and his friends. The women approached the men, and then began pushing and shoving them, authorities said.

Becher, who had a license to carry a firearm, came out to the parking lot, pulled a gun from his waistband, pointed it at the men and then swung it at the face of one of them, according to authorities.

The gun was knocked from Becher’s hand, video from the club showed, and the men then attacked him.

During the scrum, Becher said he was kicked, punched and choked and then shot in the leg by someone else.

He tried to run away but couldn’t. Instead, Becher testified he saw his gun on the ground and picked it up and then saw McDermit charging toward him.

Becher testified that he fired the gun twice in the air, and McDermit punched him in the face. Then Becher shot McDermit in the abdomen.

Another man, Christopher Roy Butler, 22, of West Mifflin, also was killed in the parking lot that night. Khalil Walls is charged in his death and is scheduled for trial on April 4.

Becher’s defense attorney, James A. Wymard, filed a motion with Mariani in December seeking a new trial, arguing that the jury’s verdict was against the weight of the evidence in the case and that the prosecution failed to prove malice, a required element of third-degree murder.

However, in reaching his decision to grant Becher a new trial, Mariani did not rely on either of Wymard’s arguments.

Mariani focused, instead, on a prosecution witness who testified that one of Becher’s cousins said that night that he was going to “‘smoke all of them.’”

Wymard did not object to the statement during trial, saying he didn’t want to call additional attention to it. After the prosecution rested its case, though, Wymard made an oral motion for the judge to acquit his client on all charges, again arguing there was no malice, and his client acted in self-defense.

Mariani denied that request.

But on Wednesday, Mariani said he felt the “smoke all of them” statement was improper hearsay and that it deprived Becher of a fair trial.

During the hearing, Mariani did not allow either attorney to further address the new issue.

Antkowiak, the former prosecutor, was surprised by Wednesday’s turn of events.

“A judge is usually loathe to get involved in this,” Antkowiak said. “That’s why we have juries. Let the jury sort it out.”

He said it is very rare for a judge to go back to a case — after a jury verdict — and reverse it.

Antkowiak said he found it particularly interesting that the reason for granting the new trial was one that Mariani initiated on his own.

Just last year, Antkowiak said, the state Superior Court reversed a Common Pleas judge who suppressed evidence in a case for a reason not suggested by the defense. The appellate court found that if the defense didn’t raise the issue in its motion, then the judge can’t be the one to do it, he said.

“This is an unusual situation,” Antkowiak said. “It’s going to create an interesting issue on appeal.”

Steve McDermit, who lives in Missouri, said he spent a lot of money to be able to attend the trial in October. He said he was not present for Wednesday’s proceedings. The prosecution was told days ago by the judge’s staff not to have any witnesses come in for the scheduled sentencing hearing.

“I just don’t understand that,” Steve McDermit said. “What are you trying to hide?”

He also questioned why Becher was given house arrest on Wednesday, given that he is still charged with criminal homicide.

“I have grandchildren who will never see their father again, but this guy just gets to go home like nothing happened,” Steve McDermit said. “Is it the system in Pittsburgh or is it just that judge?”

Antkowiak said that, under Pennsylvania law, because the maximum charge against Becher will now be third-degree murder, he can be granted release pending retrial.

Since Mariani vacated the verdict, Antkowiak said, Becher is no longer a man who has been found guilty — he again has the presumption of innocence under the law.

Wymard believes house arrest is appropriate.

“He’s 24. He has no prior record. Three-and-a-half years in the service,” Wymard said. “He’s a nice kid.”