A Lower Burrell man accused of killing a popular tavern owner plans to use an insanity defense at his murder trial.
Nathan Salem, 47, is scheduled for trial in Westmoreland County court in June for the Dec. 21, 2023, fatal shooting of David “Mogie” Magill. Prosecutors say Magill, 64, was gunned down just as he arrived to open Mogie’s Irish Pub in Lower Burrell. Salem is charged with first-degree murder and a general count of criminal homicide.
Defense attorneys Dan Joseph and Duke George filed official notice of the insanity defense this week.
“At the time of the incident … the accused suffered from the following mental infirmities all of which resulted in his inability to form a specific intent to kill and not be able to perceive things appropriately and/or suffer from hallucinations and delusions,” the defense team wrote.
Attorneys claim that for 15 years prior to Magill’s death, Salem suffered from psychosis, anxiety and depression. They noted he was diagnosed with bipolar disorder and struggled with alcohol dependency.
While prosecutors say Salem confessed to the shooting — telling police he believed unsubstantiated claims about Magill’s character — the defense is fighting to keep that confession out of court.
In a separate filing, Salem’s lawyers argued police continued to push for a statement after Salem said he would not talk. They further contend his mental health issues prevented him from understanding his constitutional right to remain silent.
Months after his arrest, a county judge declared Salem incompetent to stand trial and ordered treatment at Torrance State Hospital. However, following a January hearing, a judge ruled Salem’s competency had been restored, and he was returned to Westmoreland County Prison to prepare for trial.
Prosecutors filed documents Monday objecting to Salem’s request to withhold certain private details of his mental health defense until the trial begins.
“The defendant lists a variety of symptoms, which can be symptomatic of a variety of disorders but not all of which would be relevant to an insanity or mental infirmity defense,” prosecutors wrote.