Man convicted in Latrobe drug dealer robbery-turned-homicide files court appeal

A Latrobe man serving up to 20 years in prison for his role in a robbery and murder wants a judge to overturn his third-degree murder conviction.

Colin Gearhart, 21, in an appeal filed this week, said evidence used to convict him in a jury trial in March did not support the guilty finding to the murder charge as well as robbery and conspiracy counts.

Gearhart was one of three men convicted of the Jan. 20, 2016, fatal shooting of 20-year-old Daniel McNerny. Prosecutors said McNerny was gunned down as he attempted to intervene in the robbery of a drug dealer in front of Gearhart’s St. Clair Street home in Latrobe.

Westmoreland County District Attorney John Peck argued at trial that Gearhart helped plan the robbery and lured the drug dealer to his home, where a masked man waited on the street with a gun to commit the robbery. Prosecutors said Zachary McGrath was the masked man and that he shot and killed McNerny after they struggled over the weapon. Witnesses said McNerny, who was not a participant in the robbery nor its intended victim, identified McGrath as the masked man.

Gearhart, who witnesses said was inside the home at the time of the shooting, refused to immediately call police after McNerny was shot and he along with another friend attempted to remove drug evidence from the scene before seeking help.

According to his appeal, Gearhart contends the evidence presented at trial was not sufficient to prove he killed McNerny with malice or a wickedness of heart.

“Defendant maintains that even taking the evidence in the light most favorable to the commonwealth, insufficient evidence was offered at trial to sustain a verdict of guilty of third-degree murder,” defense attorney Michael DeMatt said in the appeal.

DeMatt also contended Common Pleas Court Judge Meagan Bilik-DeFazio erred when she rejected his attempt during the trial to question witnesses about statements made by McGrath that the defense claims omitted Gearhart as being involved in the planning of the robbery.

Gearhart was sentenced last week to serve 10-to-20 years in prison.

McGrath, 24, of Latrobe was convicted earlier this year of first-degree murder and is serving a sentence of life in prison without the possibility of parole.

Krinock, 21, of Johnstown, was found guilty last year of second-degree murder and was sentenced to serve 34 years to life in prison.