The conviction of a Pittsburgh man serving a 40-year prison sentence for a fatal shooting six years ago in an Arnold alley will stand, a Westmoreland County judge ruled.
Shawden Ross, 39, argued his conviction should be overturned because evidence presented against him during a 2022 trial did not prove his guilt.
Jurors found Ross guilty of third-degree murder in connection with the April 5, 2019 shooting of Lamont Simmons, 27, a man he described as his best friend. Prosecutors said Ross and another man left a party they attended at a Fourth Street home, walked Simmons into an alley at gunpoint and fired at least three shots, including a fatal wound to his victim’s back.
Jurors acquitted Ross of first-degree murder which carries a mandatory life prison term for a conviction.
Ross contended he did not receive an adequate defense at trial and claimed jurors should have been allowed to consider a lesser offense such as involuntary manslaughter.
Common Pleas Court Judge Tim Krieger rejected the appeal and in doing so said it would have been inconsistent with the defense theory of the case. The defense argued Ross should have been found not guilty because he was not the man who fired the fatal shots.
The judge ruled evidence presented during the trial was sufficient to support Ross’ conviction.