The lawyer for a Lower Burrell man awaiting trial in a fatal 2021 shooting at an Upper Burrell bar said his client’s mental health could limit his criminal responsibility for the homicide.

Public defender Wayne McGrew told a Westmoreland County judge during a hearing Thursday that Daniel Moles should be evaluated to determine whether he is competent to stand trial in the Nov. 13, 2021, shooting at Woodpeckers Pub and Grub, where 31-year-old Randy Jenereaux was killed.

Moles, 77, was charged with criminal homicide, first-degree murder and attempted homicide following the shooting.

Police contend Moles, a regular customer at the bar, was drinking when he pulled out a .45-caliber gun and fired two shots in the direction of twin brothers. Investigators said Moles and the Jenereaux brothers had no interaction in the bar before the shooting.

“We have to look at the idea of a mental health defense, and we need to fully evaluate that because of the circumstances and history of my client,” McGrew said.

In January 2022, he was found competent to stand trial.

Moles has been in jail without bond since his arrest.

Westmoreland County Common Pleas Judge Scott Mears ordered Moles to be evaluated again to determine whether he remains competent to stand trial. He also authorized McGrew to hire a psychologist to determine whether mental illness is a viable defense for Moles.

Mental illness can be a determining factor in the case, according to McGrew. He said Moles ultimately could be acquitted because of his mental illness. Moles also could be found guilty but mentally ill, a determination that could impact a sentence that includes treatment in addition to prison time, he suggested.

Mears ordered Moles to return to court in about three months after the evaluations are completed.

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