Trial begins for Taco Bell manager charged with killing employee from Harrison

Both sides agree Zairyre Simmons fatally shot Dorian Carver of Harrison after the two argued at Taco Bell in Scott where they worked.

But the prosecution and defense disagree about why.

Simmons, 26, is charged with criminal homicide, receiving stolen property and carrying a firearm without a license. His trial opened Wednesday.

Allegheny County Assistant District Attorney Jarrod Caruso told a jury Carver left the fast food restaurant to get away from Simmons, his boss, on the afternoon of Nov. 9, 2022.

Simmons ran back into Taco Bell to grab a gun and followed Carver down Cochran Road and into the Northwestern Mutual Life insurance building’s lobby, where he shot him twice, Caruso said.

“This is not a whodunit. It’s not a mystery you have to unravel and solve,” Caruso said. “Zairyre Simmons killed Dorian Carver intentionally and with malice.”

But defense attorney Gregory Stein told the jury the prosecution’s witnesses won’t be able to answer key questions, including why the shooting occurred and what Simmons was thinking when he opened fire.

Stein told the jurors Carver, 32, threatened Simmons on numerous occasions, including that day, when he allegedly said, ‘“I’m coming back with that smoke. You better not be here when I get back.’”

Stein said the case is about intent.

“They have part of the story,” he said. “I’m going to give you the rest.”

Recent reprimand

According to witnesses, Simmons worked as a shift manager at Taco Bell that day and had recently written up Carver.

About noon, they began to argue over the reprimand.

The argument became physical and moved first to the vestibule and then outside, testified Marrissa Stiefel, who also worked there.

“Dorian tried to walk away,” she said. “Zairyre kept on going with the conversation.”

Sixteen cameras around the restaurant captured video of the men arguing inside and scuffling outside.

A camera in the vestibule showed Carver had Simmons in a headlock.

Simmons pushed another employee out of the way and followed Carver outside.

“I tried to break it up,” Stiefel said. She pushed her way between them, and Carver left.

Simmons returned and grabbed a coat — and, police said, a .40-caliber handgun — ran back out and followed Carver.

The shooting occurred at the insurance building about 500 feet away.

Three loud pops

The first Scott Township police officer on scene, Jerrad Skone, said it was chaotic when he arrived.

The shooter was no longer there, and Carver had been shot twice.

Mary Stadelman, a Northwestern Mutual employee, said she approached Carver, who was still standing. But Carver fell to the floor and became unresponsive.

“He was turning toward us like he was trying to speak to us, but there were no words exchanged.”

Jeff Cavett said he was in an office in the building when he heard two or three loud pops. He saw one of his colleagues turn off her light and hide under the desk, so he did the same. Then he called 911.

A short time later, Cavett told the jury, he went into the lobby where his colleagues were performing CPR.

“I just remember putting my hand on his foot and saying a prayer.”

Simmons’ trial continues Thursday before Allegheny County Common Pleas Judge Bruce Beemer.