Monessen man given maximum sentence in fatal shooting
A Monessen man Tuesday was sentenced to up to 20 years behind bars — the maximum sentence possible — for voluntary manslaughter in the shooting death of his mother’s boyfriend.
Christopher Allshouse, 43, had been charged with criminal homicide for the Feb. 12, 2014, firing of eight shots at and killing of James Ritter at the home he shared with Ritter and his mother at 126 Donner Ave.
Allshouse faced a general charge of criminal homicide, meaning he could be convicted of murder, but Westmoreland County jurors last fall convicted him of the lesser charge of voluntary manslaughter. Defense attorney Michael DeMatt had argued his client was acting in self defense, claiming Ritter was abusive to Allshouse’s mother and he was afraid for her safety and his.
On Tuesday, DeMatt asked Judge Rita Hathaway to sentence Allshouse on the low end of the sentencing guidelines, but the jurist was unswayed, imposing a 10-to-20-year prison term.
“The defendant believed he or another person was in serious danger of injury from another person, but that belief was unreasonable,” DeMatt said. “I just want to make sure Mr. Allshouse gets an appropriate sentence for what the jury found him guilty of.”
Assistant District Attorney Tom Grace said jurors determine guilt, but it’s Hathaway’s job to determine an appropriate sentence.
“Mr. Allshouse has never expressed any remorse in the case, saying it was self-defense. He never mentioned self-defense until his statement at trial. When he called 911, he said the shooting was intentional. Mr. Ritter was unarmed and he had been shot four times,” Grace said.
Grace noted that Ritter’s girlfriend, Linda Craig, was upstairs asleep when the shooting occurred and that neither Craig nor Allshouse had a scratch on them.
Two of Allshouse’s cousins, Homer Smith of New Salem and Michael Smith of Merrittstown, testified on behalf of Allshouse, saying he was always even-tempered.
“Chris is not only my cousin, but also my best friend and the best man at my wedding and one of the best people I know,” Michael Smith testified. “I worked with him for years in a group home taking care of handicapped men.”
Hathaway said she was not substituting her views for the verdict of the jury, but also could not ignore the evidence she heard during the trial in giving Allshouse a just sentence.
“While there was evidence the victim abused (Craig), that does not justify killing someone. Eight shots. That seems extreme for someone protecting himself and his mother,” Hathaway said. “I believe you are in need of drug and alcohol treatment and possibly mental health treatment. The only thing that is appropriate is the maximum sentence, 10 to 20 years in a state prison.”
DeMatt said he would file post-sentencing motions.
DeMatt also argued against Hathaway using the enhanced standard sentencing range of 54-72 months for voluntary manslaughter involving the use of a deadly weapon, since the jury had not specifically ruled on that matter.
“Did you ask for it to be included in the jury instructions?” Hathaway asked. “How would the victim have died if it weren’t for the eight gunshots?”