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Death of witness prompts dismissal of homicide charge
Saturday, November 22, 2008

Homicide charges were withdrawn yesterday against a North Side man, primarily because a key witness to the slaying has been killed.

Devon Shealey, 22, of Perry South, had been charged in the Sept. 28 shooting death of Jason Brown, 30.

Though the homicide charge was withdrawn, Mr. Shealey remains in custody in the Allegheny County Jail, pending prosecution on charges unrelated to Mr. Brown's death, authorities said.

Prosecutors said he is to be arraigned in connection with as many as five armed robberies.

In the homicide case, a witness told police he had been with Mr. Brown outside the victim's apartment building on North Charles Street just off Perrysville Avenue when Mr. Shealey approached and asked to share a marijuana cigarette the two men had been smoking.

The witness, Justen Anderson, 19, told police Mr. Shealey pulled a pistol and shot Mr. Brown, killing him.

A month later, Mr. Anderson was shot dead as he stood in the bedroom of the home he shared with his grandmother in Marshall-Shadeland. A gunman apparently fired the fatal shot from across the street, police said.

Mr. Shealey was arrested and charged with Mr. Brown's killing within 24 hours of Mr. Anderson having been shot.

Police have not confirmed whether Mr. Anderson's killing was directly related to Mr. Brown's.

No arrests have been made in Mr. Anderson's death.

Mr. Anderson's friends and relatives attended yesterday's hearing.

His grandmother, Robeit Baldwin, declined comment, except to say, "I don't want to talk. I'm so frustrated I don't want to say something wrong."

Although investigators said in a police affidavit that two witnesses saw Mr. Brown gunned down, Mr. Anderson is the only person to have identified Mr. Shealey as the shooter.

Deputy District Attorney Mark V. Tranquilli said his office reserves the right to refile the homicide charges if other witnesses or evidence become available.

Jim McKinnon can be reached at jmckinnon@post-gazette.com or 412-263-1939.
First published on November 22, 2008 at 12:00 am
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