Testimony begins in Latrobe murder case

Confronted by a gun-wielding masked man, Daniel McNerny took it upon himself to put a stop to what appeared to be an armed robbery in front of a Latrobe home nearly two years ago, an eyewitness testified Tuesday.

McNerny, who had been visiting friends when he was alerted to the robbery taking place, went outside, told the masked man he recognized him, and grabbed for the weapon before he was shot once in the chest and another time as he tried to flee inside, Remington Johnson told jurors during the murder trial of the man charged with McNerny’s fatal shooting.

“Dan looked at the masked gunman and said, ‘You look a lot like Zach McGrath under the mask. I bet I know who you are,’ ” Johnson said as he described the fatal shooting from the witness stand.

As McNerny, 20, reached for the weapon, he was shot one time in the abdomen, Johnson told jurors.

“He (McNerny) stood back in shock after the first shot, and he (McGrath) kept pulling the trigger,” Johnson testified.

McGrath, 23, of Latrobe is on trial on charges of first-degree murder, second-degree murder, robbery and other offenses in connection with the Jan. 20, 2016, fatal shooting. Prosecutors contend McGrath was one of three men who planned to rob a Pittsburgh-area drug dealer as part of a retaliation plot for a verbal slight made to one of the alleged conspirators.

In his opening statement to the jury, Westmoreland County District Attorney John Peck told jurors McGrath confessed to his role as McNerny’s killer to a series of friends as he attempted flee the area over the next day.

“He told them he was going to be unmasked, literally, by Daniel McNerny that night,” Peck said.

Police contend McGrath, with his face covered by a mask, demanded drugs and money from Johnson and the target of the heist, Christopher Showers of Pittsburgh, as they left the home on St. Clair Street. The men had about $12,000 in cash, which they were to take with them on a trip to Colorado that day.

McNerny was not involved with or the target of the robbery, Peck said.

Public defenders Wayne McGrew and Patrice DiPietro have yet to disclose the defense’s theory of the case.

McGrew, while questioning Johnson, suggested McGrath was threatened during what became a physical confrontation.

DiPietro, in her opening statement to the jury, implored the panel to withhold judgment in the case until all testimony is completed.

“We will ask you rescue him from the prosecution. We come here to seek justice,” DiPietro said.

The prosecution is expected to continue its case against McGrath when the trial reconvenes Wednesday morning before Common Pleas Judge Meagan Bilik-DeFazio.

McGrath is the second man prosecuted for McNerny’s murder. Austin Krinock, 20, of Johnstown was convicted last year of second-degree murder and is serving a sentence of 34 years to life in prison. Colin Gearhart, 20, of Latrobe is charged with second-degree murder for his role in the robbery. His trial is scheduled to begin in March.

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