DA not seeking death penalty in killing

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August 17, 2012

DA not seeking death penalty in killing

Sandra K Reabuck sreabuck@tribdem.com The Tribune-Democrat Fri Aug 17, 2012, 11:49 PM EDT

EBENSBURG — Cambria County District Attorney Kelly Callihan said Friday that she will not seek the death penalty against a Philadelphia man who is accused of gunning down another man in Johnstown’s Oakhurst section last fall.

Callihan made the announcement while 30-year-old Marquis “G” Neal was being arraigned before county Judge Norman Krumenacker on eight charges, including criminal homicide, aggravated assault and fleeing or eluding authorities.

The prosecutor said that she had reviewed the death penalty law and none of the 18 aggravating circumstances that can be used to seek a death sentence apply to Neal’s case.

Neal entered a not-guilty plea in the killing of J-Quan Lewis, 21, on Oct. 1 outside the Oakhurst Homes. Lewis, who was from New York City but staying in Johnstown, was struck several times when Neal fired a handgun at him at close range, police said.

After the shooting, Neal left the scene in a car allegedly driven by his cousin, Anthony Harvey, also of Philadelphia.

Police have said that Lewis was involved in a fight with Harvey outside Edder’s Den bar on North Sheridan Street a day before the fatal shooting. Harvey, 29, also is charged with criminal homicide.

Callihan said that prosecutors will ask the court to consolidate the two cases into a single trial for the two men.

Both defendants left Johnstown after the shooting.

Harvey was apprehended in November in Chester, Delaware County, while Neal remained at large until March 6, when he was picked up in New Jersey.

Both men were returned to Cambria County and are lodged in the county prison without bond because of the homicide charge.

Robert Davis Gleason, one of Neal’s court-appointed attorneys, said that he will be filing a pretrial motion within a few weeks raising a number of legal issues.

Although a trial date was not set by the judge, Callihan said that she hoped it would be held before the end of this year.

She earlier had ruled out a death sentence for Harvey.