ShareThis Page
Washington DA appeals Supreme Court decision vacating homicide verdict in McClelland case | TribLIVE.com
Regional

Washington DA appeals Supreme Court decision vacating homicide verdict in McClelland case

Joe Napsha
| Friday, March 15, 2019 7:28 p.m
890221_web1_McClelland

The Washington County District Attorney wants the state Supreme Court to reverse a lower court ruling that overturned a Mon Valley woman’s conviction of conspiracy to commit homicide in the 2011 death of her 92-year-old neighbor. The neighbor was murdered after being repeatedly burglarized by the inmate’s family.

In his appeal to the state Supreme Court on Friday, District Attorney Eugene Vittone contended the Superior Court erred when it allowed Diane M. McClelland to escape liability in the death of Evelyn Stepko, when her co-conspirators’ actions led to Stepko’s murder.

McClelland was convicted in a Washington County trial of conspiracy to commit homicide, but the Superior Court ruled on Feb. 11 there was no specific intent of McClelland conspiring to kill Stepko.

Vittone stated in his appeal, however, that due to the inherent dangerous nature of a home burglary, “it is only right to hold the co-conspirator accountable for the result, even if the result is murder.”

Stepko, a neighbor of McClelland in California Borough, was stabbed to death during a July 2011 burglary in her home by McClelland’s husband, David McClelland.

Prosecutors presented evidence that David McClelland and his son, David J. McClelland, repeatedly burglarized the Stepko house for two years before the murder. Evidence showed that Diane McClelland received money from the burglaries and that about $54,000 deposited into her bank account could not be linked to legal income.

McClelland, who is serving a 24-to-49-year sentence in state prison, also had sentences vacated in her conviction on charges of dealing in the proceeds of unlawful activity, receiving stolen property, hindering apprehension and conspiracy to commit homicide, burglary and theft. She was sentenced to 20-to-40 years on the conspiracy to commit homicide charge.

David McClelland pleaded guilty to murdering Stepko and died in prison. His son, David J. McClelland, was found guilty in Stepko’s death and is serving a life sentence at SCI-Greene.

Diane McClelland’s initial appeal of her sentence was denied in 2015.

Joe Napsha is a Tribune-Review staff writer. You can contact Joe at 724-836-5252, jnapsha@tribweb.com or via Twitter .

Categories: Local | Regional | Top Stories
TribLIVE commenting policy

You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.

We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.

While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.

We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers

We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.

We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.

We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.

We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.