Judge rejects defense call to dismiss death penalty case in New Kensington son's slaying

A Westmoreland County judge on Friday rejected claims from a Brackenridge father facing a potential death penalty that prosecutors are biased and have insufficient evidence to prove he killed his 9-year-old son three years ago in New Kensington.

Common Pleas Judge Meagan Bilik-DeFazio in a 19-page ruling found there was enough evidence to allow the first-degree homicide case against Jean J. Charles to proceed to trial, possibly this year.

Prosecutors believe Charles, 43, killed his son, Azuree Charles, on May 4, 2022.

According to authorities, Jean Charles strangled his son then dragged his body over an embankment before hiding it under lawn furniture.

The defense claimed evidence offered is not sufficient for the case to move forward. It included video and photos of a man identified as Jean Charles carrying a shovel and pushing his son’s bike in the hours and at locations near where police believed the killing took place.

The judge rejected that argument, as well as other defense claims that sought to have the district attorney’s office removed from the case. They allege bias and selective prosecution with regard to the decision to seek the death penalty against Jean Charles, who is Black.

Charles’ defense team in its argument cited another ongoing prosecution of two white Delmont parents charged with killing their adoptive son. In that case, prosecutors are not seeking the death penalty.

Bilik-DeFazio said the defense offered no evidence to suggest there was any racial bias in the district attorney’s handling of either case.

“This court agrees with the commonwealth that, aside from the fact the victim is a child and the defendant is a parent, no other similarities between the cases exist,” the judge wrote.

The judge also rejected a defense argument that claimed members of the district attorney’s office were too involved in the early stages of investigation into Azuree Charles’ killing and failed to consider other potential suspects before charging Jean Charles.

Prosecutors contend Charles had a violent history with his son.

In 2019, Charles pleaded guilty to assaulting the boy based on claims from the child that his father hit him in the face and beat him with a phone charger.

According to court records, police alleged Charles again physically assaulted the child in November 2021; that case is still pending.

As a result of the 2021 incident, the Westmoreland County Children’s Bureau prohibited Charles from having any unsupervised conduct with his four children, including Azuree.

Prosecutors contend Jean Charles killed his son to prevent him from testifying against him in connection with the 2021 assault case, according to court filings.

Charles is scheduled to next appear in court July 14 for a pretrial hearing.