The Pennsylvania Supreme Court won’t hear the appeal of a Johnstown man convicted of killing a good Samaritan who who tried to intervene in a 2016 Latrobe robbery.

In a one-sentence order released this week, Supreme Court justices said they won’t consider the appeal filed by Austin Krinock, who was convicted of second-degree homicide.

Krinock, 21, along with two others, was convicted in the January 2016 shooting that left 20-year-old Daniel McNerny dead in a Latrobe home he was visiting with friends. Westmoreland County prosecutors said Krinock and the others plotted to rob a drug dealer . McNerny, who was not part of the plot, was shot and killed when he tried to halt the heist and attempted to disarm a masked gunman.

Krinock is serving a 34 years to life prison.

In previous appeals, Krinock contended he should not have been convicted because he was not an active participant in the fatal shooting.

The shooter, Zachary McGrath, 24, of Latrobe, was convicted of first-degree murder and was sentenced to life in prison without the possibility of parole. A third man, Colin Gearhart, 21, of Latrobe, was convicted of third-degree murder and is serving a sentence of 10 to 20 years in prison.

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