Trial for 6 charged in New Kensington man's fatal shooting set for December

Nov. 1—Jury selection for six defendants charged with homicide in connection with the July 2022 shooting death in New Kensington will begin Dec. 4.

Westmoreland County Common Pleas Judge Christopher Feliciani said all of the men and teens accused in the alleged murder of 39-year-old Jason Raiford at Valley Royal Court Apartments will appear together at next month's trial.

The judge Wednesday rejected a series of defense arguments that challenged evidence and a request that two of the teens charged in the case be prosecuted as juveniles.

"This case is ripe for trial," the judge said.

Prosecutors originally charged seven people with criminal homicide following Raiford's shooting death on July 3, 2022. Police claim the group of teens and adults ambushed Raiford over a dispute that involved drugs and money.

Raiford was shot 11 times, according to police.

Da'Montae M. Brooks, 17, of New Kensington; Raquan Carpenter, 20, of Pittsburgh; Jonathan Felder, 19, of Arnold; Elijah R. Gary, 19, of New Kensington; Amir Kennedy, 16, of New Kensington; and Avian Molter, 16, of Pittsburgh were each charged with first-degree murder, second-degree murder, robbery, conspiracy and other related offenses.

Prosecutors confirmed a seventh co-defendant, Braedon M. Dickinson, 16, is on the run.

The judge announced Wednesday he rejected requests to have the cases against Molter and Felder transferred to juvenile court. Defense attorneys claimed Molter and Felder should be prosecuted in the juvenile system, a decision that would have meant they could not be held in custody beyond their 21st birthdays.

A verdict of first- or second-degree murder carries a mandatory life sentence for Carpenter and Gary because they were adults at the time of their alleged shooting.

Juveniles charged as adults and convicted of first- or second-degree murder can be sentenced to at least 30 years in prison.

Judge Feliciani also ruled against a bid from Gary to have second-degree murder and conspiracy to commit robbery charges dismissed.

Defense attorney Emily Smarto claimed prosecutors cannot prove there was an agreement between Gary and his co-defendants to rob and kill Raiford.

"He has to agree with somebody, and there is no instructions between the parties and no conversations about an agreement," Smarto said.

Prosecutors contend Kennedy fired the shots that resulted in Raiford's death, but that Gary and two others had guns during the melee in the apartment building's lobby when their victim was confronted.

Assistant District Attorney Jackie Knupp argued Gary told police Raiford owed him $100 for a previous drug deal. The prosecutor said security video from the apartment building revealed he and the other co-defendants surrounded Raiford just prior to him being killed.

"There was no reason for everyone to be there if there wasn't an agreement. It is clear from their actions they are acting in concert together," Knupp said.

Meanwhile, Dickinson, 16, has not been seen since he was released last summer from an area hospital after a failed suicide attempt while he was in custody at the county's juvenile detention center in Hempfield.

Dickinson was weeks shy of his 15th birthday when he was charged as an adult with murder and other offenses in connection with Raiford's fatal shooting.

Prosecutors told the judge Dickinson was placed on house arrest when he was released from medical treatment, but his whereabouts are unknown. There is a warrant out for his arrest, according to Assistant District Attorney Leo Ciaramitaro.

Feliciani in May, after the suicide attempt, ordered Dickinson's case to be transferred to juvenile court. Ciaramitaro said Dickinson's case has yet to be heard by a juvenile court judge.

Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich by email at rcholodofsky@triblive.com or via Twitter .