A Lower Burrell man will be transferred from a mental hospital back to the Westmoreland County Prison this weekend to await trial on charges that he shot and killed the owner of Mogies Irish Pub in late 2023.
Westmoreland County Common Pleas Court Judge Christopher Feliciani on Thursday declined a defense request to order Nathan Salem, 47, remain in Torrance State Hospital in Derry. Salem has been treated there for more than a year after being found incompetent to stand trial.
In January, the judge ruled Salem’s mental condition had improved enough to clear the path for him to be put on trial for the alleged murder of 64-year-old David “Mogie” Magill. Prosecutors contend Salem gunned down Magill as he pulled into the parking lot to open Mogies on the morning of Dec. 21, 2023.
Salem’s court-ordered commitment to Torrance expires Saturday.
Defense attorney Dan Joseph said there are concerns that Salem could backslide into incompetency once back in the county jail.
The judge said Salem will be able to receive continuing treatment while at the jail.
“I’m not comfortable keeping him there (at the hospital) to the exclusion of other patients,” Feliciani said.
The defense contends Salem’s mental illness led to Magill’s shooting and earlier this month filed notice with prosecutors of an insanity defense.
Joseph told the judge Salem will ask jurors to consider a lesser charge based a mental illness diagnosis. Because of his mental illness, Salem was not able to form an intent to kill, which is a necessary element prosecutors must prove to convict him of first-degree murder.
Salem, the defense claims, suffered from psychosis, anxiety and depression. They noted he was diagnosed with bipolar disorder and struggled with alcohol dependency.
Prosecutors say Salem confessed to the shooting and told police he believed unsubstantiated claims about Magill’s character. The defense wants that confession barred from evidence.
Salem’s trial is tentatively scheduled to begin in June.