Two confessions from a man charged with murder in connection with a fire in Jeannette were improperly obtained by investigators, a Westmoreland County judge has ruled.
In a 27-page opinion, Common Pleas Judge Meagan Bilik-DeFazio said Brian Rendon, 38, of Jeannette was incapable of voluntarily waiving his rights to remain silent when he admitted his role in the blaze four years ago that resulted in the April 9, 2018, death of Shirley Kocherans, 87.
Kocherans died from injuries sustained in the fire that police said Rendon set at a six-unit row house on South Seventh Street.
Rendon was charged with criminal homicide, second- and third-degree murder, aggravated assault, arson, aggravated arson, reckless endangerment and other offenses in connection with the fire.
Police said he admitted to using matches and a deodorant spray can to set fire to the back porches of the row homes.
The judge sided with defense lawyers who said Rendon had mental disabilities that made him unable to understand his legal situation when he was questioned by investigators in the weeks following the fatal fire.
“This court agrees that defendant’s responses to leading, misleading, intimidating and forced choice questions are likely to be misunderstood and answered to his legal detriment. Defendant did not have the cognitive functioning necessary to stop the questioning, clarify or dispute the facts being presented to him or pause questioning to ask for an attorney,” the judge wrote.
Testimony from a doctor hired by the defense for a September hearing indicated Rendon has an IQ of 70.
The judge said investigators during two interrogations peppered Rendon with a series of questions that required answers of just “yes” or “no,” and that he did not have the capacity to challenge police accusations.
“This court is not suggesting that the officers conducted these interviews in bad faith or that these interrogation methods were intentionally coercive or suggestive. This type of questioning is likely appropriate in many cases involving a suspect of at least average intelligence and cognitive functioning,” Bilik-DeFazio wrote.
District Attorney Nicole Ziccarelli said Rendon still will be prosecuted.
“No charges were dismissed. The commonwealth plans to pursue a conviction on all charges,” Ziccarelli said in a statement.
The trial for Rendon, who is being held in jail without bond, is scheduled to begin Jan. 17.
In November 2021, he rejected a deal with prosecutors that called for him to plead guilty to a lesser charge of third-degree homicide and other offenses.
Rendon also is charged with arson and other offenses for a fire police said he set at his Jeannette home two days before the fatal blaze.
