Masontown man’s appeal denied by state superior court for 2016 bar shooting
The Masontown man sentenced up to 20 years in prison for shooting another man outside of a bar lost an appeal to overturn his conviction and sentence.
In an opinion filed on Tuesday and written by Superior Court President Judge Emeritus Correale F. Stevens, the court denied the appeal of Donavin Lendall Williams Moore, 24.
In January, Fayette County Senior Judge Gerald Solomon found Moore guilty on charges of attempted homicide, aggravated assault, firearms not to be carried without a license, recklessly endangering another person and drug possession with intent to manufacture or deliver.
Moore was sentenced to undergo imprisonment at a state correctional institution from 10 to 20 years.
Moore shot Willie Jamal Batie four times outside Aunt Jean’s Bar on Main Street in Masontown on March 25, 2016, following a fight.
Police had testified at the preliminary hearing that when they interviewed Miller following the shooting, Moore confessed to shooting someone and asked if it could be considered self-defense.
In his appeal, Moore argued that prosecutors did not establish that he did not act in self defense and did not establish that he had intent to deliver drugs.
In his opinion, Stevens states that Moore’s claim of self defense was insufficient because Moore’s appeal states that he shot the victim because he believed someone named Castillo was going to harm him.
However, Moore did not properly identify or explain the person named “Castillo”.
“(Moore’s) failure to discuss his sufficiency claim in any substantive, meaningful way has impeded our review,” Stevenson writes. “Accordingly, we find this claim to be waived.”
The court also waived the second argument, stating that it, too, was “woefully undeveloped.”
A third claim by Moore arguing a police officer was allowed to testify as an expert was withdrawn by Moore and not reviewed by the court.
Moore remains lodged at the State Correctional Institution at Camp Hill.