The prosecution’s case hinged on the testimony of Tahj Thomas, 17, who testified he was in the back seat of a car with the two men charged in the shooting, and saw one of them firing shots at two people, who the three believed to be rival gang members.
The two men charged in Susan Sidney’s murder, Rashawn Walker, 18, and Henry Procter, 24 have lengthy criminal records. Neither man testified on their own behalf during the four day trial before Common Pleas Judge Randall Todd.
Thomas, who was 16 at the time of the murder, testified under a grant of immunity. According to trial testimony, Thomas would not face murder charges, but would face a juvenile court judge on charges of tampering with evidence and unlawfully possessing a firearm, providing he testified truthfully.
“It’s a pretty good deal for me,” Thomas replied after Walker’s attorney Randall H. McKinney told him he was getting off light considering he could be facing a first-degree murder charge.
Thomas told jurors Walker picked him up around 10:30 p.m. saying, “he wanted to go riding around.” The two then picked up Procter at his girlfriend’s house. Thomas testified he got in the rear seat and was carrying a small pistol he obtained a day after being released from a juvenile detention facility just two weeks earlier.
The three were “beefing” with several members of a rival gang who lived at the Crawford housing project down the street. One of those was Jason Webb who the three wanted to kill, Thomas said.
“He was the main target— We just wanted him to die.”
While the three were driving near Crawford Village, Thomas heard Walker scream “that’s Jason,” as he told Thomas to get down. Thomas testified that he saw Walker sit on the window sill of the black grand Marquis and fire “15 shots over the roof of the car.”
Sidney, had just left her house and was walking to a convenience store a few blocks away with a friend when she was shot.
During questioning from Daniel Fitzsimmons, chief trial deputy district attorney Thomas said that neither of the men were able to positively identify the two people walking, because “they were wearing all black.”
An autopsy revealed that Sidney was shot three times. Two bullets entered her right arm and one entered her back and traveled across her chest. Sidney was pronounced dead minutes after arriving at an area hospital.
Thomas Vikovic whose yard the shooting took place, testified he heard five shots, grabbed his gun and ran on his front porch. He saw Sidney lying by the sidewalk covered with blood.
When he turned her over, he saw her gasp once and not move afterwards. Vikovic testified, “I held her in my arms and tried to do what I could for her until the police came,” Vikovic told jurors.
Mckeesport police officer Joseph Stepansky was the first officer to arrive and said he took over for Vikovic and called for an ambulance.
Stepansky testified, “I was unable to detect a pulse and she wasn’t responsive. I also saw lots of blood on her and also saw that she had been shot several times.”
Defense attorneys for Procter and Walker called into question Thomas’ ability to tell the truth and accurately recall what happened that night.
Thomas initially testified that he found the gun he was carrying by searching through an alley. Yet, McKinney questioned him about previously telling the grand jury that he got the gun from Walker. When asked whether he lied to the jury or the grand jury Thomas said “I lied to the jury.”
Thomas also admitted he lied to the grand jury about knowing that Walker owned the car used in the shooting.
“I knew [Walker] owned it but told the grand jury I didn’t know who owned it.”
McKinney pointed out that Thomas told grand jurors that Walker didn’t walk around with guns on him, but Thomas testified Wednesday Walker always carried two pistols, one of which was identified as the murder weapon.
“Well which is it? Were you lying to the grand jury or did you just lie to this jury,” McKinney asked. “I lied to the jury,” Thomas replied in a barely audible tone.
When asked by Fitzsimmons why he lied about how he obtained the gun he carried Thomas answered, “I don’t know, I just lied.” “Were you trying to protect someone, Fitzsimmons asked?” “No, I just lied,” Thomas answered.
Because Thomas admitted to lying several times his plea agreement is under review according to the district attorney’s office.
“Clearly they did not find his testimony to be truthful,” McKinney said after the verdicts were announced. “They saw right through him.”
“My condolences go out to Ms. Sidney’s family. She was truly an innocent bystander walking to the store.”
Sidney’s innocence was also not lost on Thomas. The evening after the shooting he asked Walker “What was the point of that last night? She’s innocent, she’s got nothing to do with this.” “It doesn’t matter. Who’s side are you on,” Thomas testified Walker replied.
Thomas testified that he learned about Sidney’s death from a posting on Facebook earlier that day.
Neither Walker or Procter appeared to be visibly upset as Thomas told jurors “An innocent person was killed that night. She had nothing to do with it.
During closing arguments attorneys for Walker and Procter stressed to the jury that not only was Thomas a habitual liar who could not be believed, but he was involved in the murder himself.
Sidney, a mother of five had been working at McDonalds and had aspirations of becoming a court reporter her aunt Kim Long, a retired Pittsburgh paramedic told Digital Journal.
She was innocent, all she wanted to do was go to the store and get some snacks. She thought it would be safe, but she was in the wrong place at the wrong time,” Long said.
“He [Walker] is very dangerous. He is a menace to society. If he is on the street no one is safe,” she added.
While Procter was cleared of all his charges, the jury did find Walker guilty of receiving stolen property in relation to one of the guns allegedly used in the shooting.
Procter will be released within 24-48 hours from the Allegheny County Jail where he has been for the past 19 months. Walker will remain jailed and is scheduled to be sentenced on the stolen gun charge next week.
