DA appeals dismissal of homicide case against co-defendant in Donora killing
Jah Sutton was one of three suspects charged in 2021 shooting
District Attorney Jason Walsh, who is already facing a challenge to his pursuit of the death penalty against homicide defendants, is appealing the recent decision by a Washington County judge dismissing all charges against a co-defendant in a capital murder case.
Walsh filed an appeal Aug. 8 to the state Superior Court asking it to review the decision by Judge Traci McDonald to dismiss the homicide case against Jah Sutton. McDonald found there was no conclusive evidence linking her to the 2021 killing of a Donora convenience store worker.
The case was docketed last week and Walsh must now submit a “concise statement order” providing specific reasons why he thinks McDonald erred in her decision in Sutton’s case.
Sutton, 31, of Homewood, was originally charged with conspiracy and then later criminal homicide in connection with the Feb. 24, 2021, shooting death of 28-year-old Nicholas Tarpley while he made a sandwich for a customer at Anna Lee’s Convenience Store in Donora. Sidney Devon McLean, 36, of McKeesport, and Devell Dexter Christian, 35, of White Oak, are accused of shooting and killing Tarpley, but investigators said they found traces of Sutton’s DNA on one of the shell casings at the scene, and indicated she was in a relationship with McLean at the time.
Investigators provided no evidence that Sutton was at the scene of the shooting or helped plan the attack, but she was still charged with homicide. Walsh filed notice that he intended to pursue the death penalty against Sutton, in addition to McLean and Christian.
McDonald reviewed the evidence against Sutton and determined in a July 11 order that the case should be dismissed since investigators provided no details showing she was involved or had any knowledge of the killing before it happened.
“Obviously we disagreed with the decision and filed an appeal,” Walsh said Wednesday. “We’ll file that accordingly.”
Sutton’s defense attorney, Timothy Dawson, said he was not surprised by Walsh’s decision to appeal since he suggested the prosecutor is “backed into a corner” over his pursuit of the death penalty against nearly a dozen defendants since he was elevated to chief prosecutor in August 2021. Dawson said it was merely “speculation” that Sutton was involved in Tarpley’s death, and insinuated she was charged to coerce her into cooperating as a witness against the other two suspects.
“If he does not appeal, then he accepts the wrong decision to prosecute and the horrible decision to pursue the death penalty,” Dawson said. “The judge saw right through it. The case should have never been held for court at the magisterial level, but it didn’t get by a fair and experienced and courageous trial court (judge).”
The appeal comes as the Atlantic Center for Capital Representation in Philadelphia filed a “king’s bench” petition to the state Supreme Court asking it to curtail Walsh’s pursuit of the death penalty, claiming he has used it for political purposes and to gain leverage over defendants.
“It dovetails right into their argument that this is an unjustified prosecution,” Dawson said. “It bolsters their argument. That’s why it backs him into a corner. … He has no choice but to appeal this.”
Dawson said Pittsburgh attorney Stephanie Noel, who specializes in appellate court cases is now handling this part of the process for Sutton. He said he expects the state Superior Court to uphold McDonald’s ruling, prompting Walsh to likely appeal to the high court. Dawson said he also expects Sutton to eventually file a lawsuit against Walsh claiming malicious prosecution.
“It’s a bad case,” Dawson said. “They just couldn’t connect her to the shooting.”
Although the homicide case against Sutton has been dismissed, she is currently serving a 10-year prison sentence after pleading guilty last year to federal drug charges. In June, she pleaded guilty to misdemeanor drug charges in Allegheny County and was given credit for time served.