Monessen shooting case begins despite defense claims of misconduct

A Westmoreland County judge refused to grant a mistrial or dismiss the cases against two men charged in connection with a shooting on a Monessen street despite defense attorneys alleging a clear case of prosecutorial misconduct.

Testimony in the attempted murder and conspiracy case against Joseph Heath, 29, and Rashawn Ford, 23, started Tuesday amid allegations from the defense that prosecutors withheld information and potentially coerced the shooting victim to testify.

Defense lawyers Emily Smarto and Ryan Tutera argued that prosecutors failed to disclose evidence of an aborted plea bargain agreement with Timothy “Boo” Kershaw, who police claimed identified Heath and Ford as the men involved in the June 25, 2017 non-fatal shooting.

“This is outrageous,” Smarto said after learning just prior to the start of the trial Tuesday morning that more than $1,400 in cash was returned by police to Kershaw months before he was charged with drug offenses that stemmed from the night he was wounded.

Heath is charged with 14 counts including attempted murder, aggravated assault, robbery and conspiracy related to the shooting. Ford is facing two counts of conspiracy.

The defense suggested Kershaw was coerced to testify against Heath and Ford and that records of a proposed plea bargain and information about money and drugs seized from him the night of the shooting were never turned over to the defense.

In court Tuesday before the start of the trial, three different prosecutors who were at various times involved with Kershaw’s case told the judge there was nothing improper with the way it was handled.

Assistant District Attorney Adam Barr said no plea deal was ever finalized with Kershaw and he was not aware of the reasons why prosecutors declined to re-file the drug charges after District Judge Joseph Dalfonso dismissed the case in October.

Kershaw’s credibility is expected to be an issue when he testifies Wednesday.

“I have never seen the district attorney’s office make decisions like this. It baffles all logic as far as I can see,” Common Pleas Court Judge Christopher Feliciani said before stopping short of delaying the trial or granting a mistrial.

Smarto, in her opening statement to the jury on Heath’s behalf, said her client was wrongfully charged and challenged Kershaw’s account of the shooting, saying he cannot be trusted.

“There is something terribly wrong with this picture. There has been no search for the truth here. It’s pathetic,” Smarto said.

Tutera, representing Ford, told jurors that Kershaw had previously been convicted of federal drug offenses and that no physical evidence exists linking his client to the shooting other than testimony from the alleged victim.

The prosecution has alleged that Kershaw was targeted because of his relationship with a woman. Barr said allegations Kershaw was involved in the drug trade are not relevant in the cases against Heath and Ford.

“He’s the one who was shot. He is still a human being. This isn’t the Wild West,” Barr told jurors in his opening statement.

Gabriel Cannoni, 22, of Charleroi testified he went to Monessen to pick up Kershaw near Summit Avenue sometime around 3 a.m. when two men in a red Honda, whom he identified as Heath and Ford, approached his car window at gunpoint and ordered him out of the vehicle.

Cannoni said he was told to run and while hiding behind a bush, watched Heath fire one shot at Kershaw.

“I saw a light-skinned male fire a shot, saw fire from a gun and heard a scream,” Cannoni testified.

Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich at 724-830-6293 or rcholodofsky@tribweb.com.