The victim was identified as James Clayton Westover, and the killer as Lex Miller of Pittsburgh. Miller was 62.

Allegheny County police say a call came in about the shooting at 5:30 in the morning. Relatives inside the home, some of whom were children, called 911. A neighbor also called.

Miller was on the scene when police arrived, dressed in black and carrying a gun. He refused multiple commands by police to put his weapon down. At that point, he lifted it to fire, and one of the officers shot at him. He was pronounced dead at the scene, having fallen to the ground.

Miller’s cause and manner of death will be determined by the Allegheny County medical examiner’s office.

Mr. Westover was found by police in his driveway. He was pronounced dead at the scene, as well, from gunshot wounds.

There is no clear relationship between the two men.

Family members declined to comment on the shooting. Neighbors did speak to reporters, the Post-Gazette says. One neighbor heard three gunshots, with a beat between each shot. Another neighbor called Westover “a very nice guy” and said he couldn’t imagine anyone being angry at the man.

A pickup truck was towed from the scene at 11 a.m. The driver’s side window had several bullet holes in it.

Mr. Westover’s criminal history was clean, except for a misdemeanor driving under the influence charge in 1991.

The shooting happened on Rebecca Drive, which is near the Avonworth middle and high schools. The school district was put on a two-hour delay because of the police activity.

Authorities are asking anyone with information about the shooting to contact the Allegheny County Police tip line at 1-833-ALL TIPS (1-833-255-8477), and remind the public that callers can phone tips in anonymously.

One of Westover’s neighbors was quoted as saying, “It’s a damn shame this happened.” He’s correct. This event has changed forever the lives of Mr. Westover’s relatives who were inside his home when the shooting happened. It will do the same to the family of Mr. Miller.

Even the police officers who responded to the call will be forever changed. It’s unclear at this point whose bullet killed Miller, but the cop who shot will have to deal with the knowledge that it might have been him who killed the man. Even if it turns out to be a suicide, watching a man be shot dead is traumatizing. The police don’t get enough love for all that they have to deal with, in my opinion.

What happens if it turns out that it was the cop’s shot that killed Mr. Miller? In that case, there will be an investigation by the Pennsylvania State Police. The cop will be put on administrative leave during the investigation. Further steps will be taken or not, depending upon his culpability in the act.

Update June 6, 2019:

It turns out this was a murder-suicide. The victim was a former friend of the shooter, and had helped the shooter with jobs and other things many times in the past. They seem to have met at Christ Church at Grove Farm.

Police have no motive for the killing, but as of April 5, 2018, a day or two after the event, were looking for one.

Thankfully, the officer who shot at the killer was exonerated. His bullet missed. He had been on administrative leave with pay while the incident was investigated.

The killer’s only wound was a self-inflicted one to the head.

While we don’t have all the details of the case, or the facts behind the killer’s motives, it’s heartening to know that it wasn’t some random act.

Brandon Barnett, age 26, of East Pittsburgh, his brother, Jacqua Barnett, age 30, of Homestead, and Donavan L. Wilson, age 23, of Rankin will face a jury on homicide charges.

Charges of conspiracy to commit homicide were dismissed by District Judge Richard G. Opiela.

The three men allegedly killed Jo Lawrence Stewart and his father, Walter Stewart, on December 26, 2017, during a shootout. The Stewarts were from North Braddock.

One of the three men, Brandon Barnett, was critically wounded by a gunshot in the incident. Jacqua Barnett drove him to a hospital after the shooting, which investigators call a drug deal gone bad.

The night of the shooting, Mr. Stewart was found by police, dead in the doorway of a Columbia Avenue home. The boy was injured and lying atop his father. He was taken to Children’s Hospital of Pittsburgh UPMC, but was pronounced dead less than an hour later. Both were shot in the chest, according to the county medical examiner’s office.

A pair of witnesses cooperated with police. One witness told investigators that Wilson called to tell him to open both front and back doors of 1913 Columbia Avenue. Wilson told the witness to go upstairs after he had the doors open. A few minutes later, the witness heard someone else come in the front door and then a scuffle. He heard Wilson yell and several gunshots and then saw, from where he was on the second floor, a man he didn’t know, who turned out to be Mr. Stewart, lying in the doorway to the home. A .40-caliber Glock handgun was found at the front entrance to the home. It was registered to Brandon Barnett.

Wilson has had previous convictions for fleeing police and felony drug charges.

Brandon Barnett was facing a trial in January for receiving stolen property and escape.

Jacqua Barnett has also had previous convictions, for driving without a license, escape, resisting arrest, giving false identification to police, and endangering the welfare of children.

Mr. Stewart had a clean criminal record. He worked in a group home, caring for adults with disabilities. He was described as a dedicated caregiver and a doting father.

Jo Lawrence Stewart was in the first grade at Wilkins Primary School in the Woodland Hills School district. He was described as a smart, warm, and loving child.

If the Barnett brothers and Mr. Wilson are convicted, their sentence will depend upon many things, including their intent and if they were in the process of doing something illegal when the killing happened. There are three degrees of homicide in Pennsylvania, and the penalties range from two and one-half to five years in prison for involuntary manslaughter to life in prison without parole or death for first-degree homicide. Prosecutors will have a lot to prove to gain a conviction, and the men’s attorneys will need to use all the tools in their toolbox to gain a dismissal of the charges.

Update June 5, 2019:

Last month, charges against the three men were dropped due to the death of a vital witness in the case. Prosecutors feel they do not have enough evidence without the man’s testimony to gain a conviction. The three men are free from prosecution, at least for now.

It’s possible that investigators could find more evidence or convince another witness to testify, in which case, charges will be re-filed. Pennsylvania has no statute of limitations for murder. These men will likely be looking over their shoulders for the rest of their lives, wondering if they’ll be charged again.

The prosecutors in this case would not have made this decision lightly. While I don’t know what exact evidence they have, I know that they hate to lose. The fact that an innocent seven-year-old died will add fuel to their desire for justice. They’ll search, I’m sure, until they have the evidence they need.

Maybe I’m just particularly sensitive to the issue because of my vantage point as a Pittsburgh Criminal Defense Attorney, but this latest story stuck with me.

According to the Pittsburgh Post-Gazette, two Pennsylvania constables have been charged with various crimes stemming from the arrest of a Munhall woman in October.

Two Pennsylvania deputy constables were charged with using excessive force while arresting a Munhall woman who called her cousin — a local chief of police — for help during the incident.

Here’s what happened: Two constables roll up to a woman’s house, knock on the door and tell her that she has a warrant out for her arrest for an unpaid parking ticket in the amount of $104. The woman tells them to hold on, she has restrained her dog. She then put the dog outside and called her cousin, who happens to be the police chief in a surrounding community.

Here’s when things got weird (according to a Post-Gazette story that summarized the criminal complaint): The woman goes to reopen the door, when one of the constables pushes open the door, knocks the phone out of her hand and proceeds to tell her she is going to jail for an unpaid parking ticket.

The woman then tells the constables she doesn’t believe she has any outstanding parking tickets, asking if she can see the paperwork. The constables allegedly refused to let her review any documents regarding the arrest warrant, and refused to take payment via check or cash (as they are permitted to do).

Then (again, according to the PG’s summary of the court documents), the constables handcuffed the woman and ended up dragging her by her feet – in front of her 10-year-old child and 5-year-old grandchild. She was taken to jail and later released on her own recognizance.

The resulting charges against the constables were serious. According to publicly available court documents, both constables, Christian Constantini, 25, and Michael Lowman, 45, were charged Dec. 15 with simple assault, reckless endangerment, official oppression, and conspiracy.

All of the offenses are misdemeanors.

It is possible that this case could set the precedent that constables are not above the law. Pennsylvania law is quite strict about all kinds of criminal offenses and believes in looking at all offenders equally. It does not discriminate among them based on their power, position, and authority. A crime is a crime irrespective of who committed it. So, even if the accused belongs to the police department, as a lawyer, one should treat him in the same manner as other offenders.

Here’s some free advice from a Pittsburgh Criminal Defense Attorney: If a constable comes to your door, please know you have the option to pay the debt owed by either cash or money order. And know that you absolutely have the right to review the constable’s supporting documents (such as the arrest warrant). Above all, when in doubt, immediately call the police or your attorney.

Source: Pittsburgh Post-Gazette

Update March 8, 2017:

Both officers were convicted of simple assault, recklessly endangering another person, criminal conspiracy, and official oppression in a bench trial. They were sentenced to serve probation. The men appealed the conviction, an appeal that was denied.

The woman they arrested suffered a broken bone in her hand. The constables complained to a television news reporter that no one would listen to their side and that their lives were ruined.

They had been removed from their positions following their convictions. Constantini had run for re-election and won, and Lowman had been trying to get reinstated. The District Attorney had petitioned for their removal and expressed his relief at it being granted.

I’ve said over and over again on the pages of this website that criminal charges can ruin lives. Surely they must have known it would happen when they first refused the woman’s payment and then roughed her up.

One such story is one that happened this past January, and it is again dominating headlines: The stabbing death of Rocco, a Pittsburgh police dog.

The fate of the man accused in the case, John Rush, is now in the hands of a jury, which will decide if he is guilty or innocent of charges that include aggravated assault, abusing a police animal, resisting arrest, and cruelty to animals.

Testimony in the case has been splashed all over the news – and today, the defense is seemingly what has everyone talking again.

That’s because the criminal defense attorney has said his client acted in self-defense. On the stand, Rush said that he didn’t intend to kill the dog, and that he never tried to stab human officers. He also claims he responded to the order cops gave to shout out and that they sent the dog in, anyway.

For those unfamiliar: Rush, a convicted sex offender who was allegedly evading police attempting to pick him up on a bench warrant, reportedly ran to the basement of a building he had broken into when officers knocked on the door. He is accused of stabbing the canine when the animal encountered him there – testifying that he had “no idea” there were four warrants out for his arrest.

Rocco’s killing prompted several local lawmakers to introduce legislation called “Rocco’s Law,” which called for steeper penalties in cases where police dogs are killed in the line of duty.

Then-Governor Tom Corbett signed the bill – which revised the Pennsylvania crime code to make killing a police dog a second-degree felony – into law in July. The offense now carries a penalty of up to $25,000 in fines and as many as 10 years in jail.

One can be charged with murder in the second degree in Pennsylvania if he commits a homicide or were about to commit a felony. Considered to be one of the most serious crimes here, one may even be liable to life imprisonment for this. Therefore, you will immediately require a criminal defense attorney who will effectively guide you at every step of the criminal proceedings, building a strong defense for you. Only an experienced Pittsburgh Criminal Defense Attorney can help you out with these kinds of serious cases.

It is recommended that you don’t argue nor anger the police officer upon being arrested. You might be held overnight in jail, but be careful enough to not discuss the details of the case with the police claiming your innocence. You should not utter a word without the presence of your attorney. Anything might be taken out of context and used against you. A skilled and proficient lawyer will be able to analyze every aspect of your case and check whether there is any evidence against you. It is the duty of your lawyer to look into every avenue, collect all the relevant information and take every initiative to discredit all the evidence unfavorable to your case, although much of it will depend on the exact situation of your case. So, be very careful when you hire your Pittsburgh Criminal Defense Attorney and share every minute detail with him.

Given all the news and legislative attention this case has received, I, for one, am very curious to see what the jury decides.

After going home for the weekend, the jury was back in deliberations on Monday morning. In the end, their decision was to convict. They were reportedly “deeply affected” by what they heard and saw during the trial.

As I said above, when an injured or killed animal is at the center of a criminal case, people are outraged. It’s not surprising that jurors were affected. It’s my guess that anyone reading about it in the papers was, as well.

Diane McClelland, age 58, appealed her sentence to a three-judge panel. The panel issued an 18-page opinion on Monday that declared that there had not been enough evidence to prove that McClelland participated in a conspiracy to kill Evelyn Stepko. Stepko was 92 years old, and a widow, and had lived near McClelland and her family in the Granville neighborhood of Mon Valley Borough.

The court’s opinion was authored by Judge John Bender. It stated that the prosecutors had not provided evidence to prove that McClelland had a specific intent to kill Mrs. Stepko. The opinion stated that the theory the jury used to convict McClelland was not "legally cognizable."

McClelland was appointed an attorney by the court, Stephen C. Paul, of Pittsburgh, to represent her during the appeal. In an email, Paul stated that the Superior Court’s decision confirmed McClelland’s statements from the beginning that she took no part in the victim’s death.

Paul added, "The decision is a testament that, while the criminal justice system is not perfect, it is designed to ensure that convictions are just."

McClelland had appeared before Washington County Judge DiSalle, who sentenced her to 24 1/2 to 49 years. Currently, she is imprisoned at a minimum security facility in Crawford County, the State Correctional Institution – Cambridge Springs. The majority of her sentence, 20 to 40 years of it, comes out of the homicide conspiracy conviction.

The Superior Court also looked at her remaining convictions, vacating her sentences on those. Those convictions include receiving stolen property, providing false information the law enforcement, dealing in the proceeds of unlawful activity, and conspiracy offenses.

McClelland had asked that those convictions be reversed, but the appellate panel refused. They found that the government had "clearly established a conspiracy to burgle the victim’s home, and to receive and spend the illicit gains derived therefrom."

The appellate court’s opinion quoted a summary of Diane McClelland’s trial. It said that there was no evidence to show that McClelland participated physically in the burglaries, but that she had conspired with her stepson and husband to carry them out.

Trial evidence demonstrated that McClelland had covered home renovations, bought a late model Lincoln Navigator, and purchase real estate with cash that she received after burglaries that had occurred at Stepko’s house. These burglaries occurred between August 2009 and July 18, 2011, when Stepko was found stabbed to death at the home.

McClelland’s husband, David A. McClelland, pled guilty to Stepko’s murder in 2012. He later died of natural causes at SCI – Greene.

McClelland’s stepson, David J. McClelland, was tried for Stepko’s murder in 2013, and found guilty. He is now 33 and is serving a life sentence at the prison where his father had been. David J. McClelland is a former part-time police officer in Monongahela and Washington Township, Fayette County.

Police believed David A. McClelland entered into Stepko’s house thinking that she was not at home, but that she surprised him while he was trying to steal more of her money.

Stepko was a frugal woman. She didn’t even have her house connected to the public water system, she was so frugal. She had saved more than $1 million, much of which she kept in cash in her house.

According to the summary that was included in the court’s opinion, there were large amounts of currency, much of it moldy and musty and dating to the 1980’s and ‘90’s, found in the McClelland’s home.

If Washington County prosecutors wish to appeal the court’s decision, they have 30 days to do so. District Attorney Gene Vittone has not stated what they plan to do as of this date.

As a criminal defense attorney, I really like this story. My colleagues and I work hard to defend our clients, and losing a case is always difficult. However, the justice system does allow for do-overs, and this case proves they are possible in the worst of scenarios. Here’s hoping Mrs. McClelland finds herself getting “time served” for her other convictions and back home.