More than three years after their son and brother was gunned down trying to break up a robbery in Latrobe, the McNerny family told a Westmoreland County judge they still struggle with grief and anger toward the men involved in the robbery plot that led to the murder.
One of those men, Zachary McGrath, 24, of Latrobe, was sentenced on Thursday to life in prison without the possibility of parole for the Jan. 20, 2016, murder of 20-year-old Daniel McNerny. McGrath was convicted in January of second-degree murder, robbery and conspiracy for his role as the gunman in the fatal shooting.
During a sentencing hearing before Common Pleas Judge Meagan Bilik-DeFazio, McNerny’s family described the continuing impact of the young man’s death while also directing their anger toward McGrath.
“You have torn my life apart,”testified McNerny’s sister, Jessica Jack. “Our family will forever be broken.”
Prosecutors said McGrath was one of three men who conceived of the plot to rob a Pittsburgh-area drug dealer, whom they lured to Latrobe the night of the murder. Witnesses said the robbery was to be retaliation for an earlier verbal slight.
McNerny was not part of the robbery plot or its intended victim.
A masked McGrath shot McNerny twice as he attempted to intervene in the robbery. Police said McNerny identified McGrath as the masked robber and was killed when he attempted to disarm the gunman.
“His death was so very, very avoidable,” said McNerny’s mother, Jennifer McNerny.
Police said McGrath fled the scene following the shooting, while two others who were charged with murder and robbery attempted to remove evidence of drug use from scene. They did not initially seek to get help for McNerny as he crawled back into the St. Clair Street home where the group gathered before the shooting.
“Zachary has to be held accountable,” father Scott McNerny told the judge. “He has shown no remorse. If he has some, I would like to hear it.”
McGrath did not testify during his trial this year.
McGrath spoke softly into a microphone and turned slightly toward the McNerny family during Thursday’s hearing.
“I just want to let them know I am terribly sorry it happened,” he said. “I pray there is a day they find peace.”
McGrath is the lone defendant among the three men convicted in McNerny’s shooting to receive a life prison sentence with no possibility for parole.
Austin Krinock, 21, of Johnstown was convicted of second-degree murder. Because he was a juvenile at the time of his arrest, he was ineligible to receive a life sentence.
Bilik-DeFazio sentenced him to at least 34 years in prison before he can be paroled.
Colin Gearhart, 21, of Latrobe was convicted of third-degree murder, robbery and conspiracy charges. He faces a maximum of 40 years in prison for the murder conviction when he is sentenced later this year.
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