Federal agent: Cops offered payment to witness in Wilkinsburg mass shooting case - TribLIVE

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A federal agent testified Friday that Allegheny County police offered financial assistance to the family of the key witness against one of two men charged in the 2016 Wilkinsburg mass shooting. Defense attorneys contend that prosecutors knew this information some time ago, but failed to disclose it.

The homicide case against Cheron Shelton and Robert Thomas is set to go to trial in nine days. They’re charged with multiple counts of homicide in the March 9, 2016, shooting and could face the death penalty.

Neil Carman, a special agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives, testified Friday that while he made no tangible promises to the witness, the Allegheny County police did – not just in return for information on the Wilkinsburg case, but other violent crimes as well.

The witness has remained unnamed in court paperwork and testimony.

Casey White, defense attorney for Thomas, and Assistant District Attorney Lisa Pellegrini sparred over what information could and could not be addressed in questioning Carman, as some information from the witness interview sparked a grand jury investigation, and grand jury information is protected.

“We have provided everything in this case that pertains to this case,” Pellegrini said. “Other cases he may or may not have been involved in aren’t relevant.”

White said the witness’s confession to killing a 15-month-old child is relevant as is the fact that the witness has not been charged with homicide despite the confession. White identified the case as that of Marcus White Jr., who was killed by gunfire in 2013 during a family picnic in the East Hills.

The hour-long hearing came a day after White said he came across a recorded interview with the main witness that he said shows Carman making promises and guarantees to the witness. That led White to ask Judge Edward J. Borkowski to dismiss the case against Thomas.

Carman says in the video, “We are going to uphold our end, and we are going to do the best we can,” according to White’s motion to dismiss. “There are guarantees in there … that have already been talked about, and are hoping to more than what is guaranteed, depending on what is needed (sic).”

Randall McKinney, an attorney for Shelton, was representing the witness during the interview. The conversation regarding guarantees happened after McKinney and other investigators left the room.

Carman said he makes the same promise and guarantee to any cooperating witnesses — that he will tell the judge in their case that they were cooperative. He said he did not promise the witness a reduction in his sentence.

In regard to the mention of “more than what is guaranteed,” Carman said that was in reference to things he hoped to be able to offer the witness.

That could include relocating family members for safety or offering financial assistance for their relocation or relocating the witness. Carman said he’d hoped he could do that for the witness but wasn’t sure.

White asked if the ATF had made such promises to the witness.

He said the ATF made no promises of money or relocation to the witness or his family. He said another agency did. Pressed by White, he revealed it was county police – the lead agency investigating the 2016 Wilkinsburg case.

White asked what detective spoke to the witness about monetary or relocation benefits. Carman said he didn’t know — just that it was a member of the Allegheny County police.

White appeared shocked by the revelation and handed off cross-examination to his co-counsel, Wendy Williams.

Questioning never revealed whether the attorneys prosecuting the Wilkinsburg case were aware of the money and relocation prior to this week.

Williams asked Carman whether the District Attorney’s Office knew about the promises made by county police.

Carman said he didn’t know.

She asked if anyone from the District Attorney’s Office had asked the ATF about such promises before today.

“I can’t recall,” Carman said. “This (case) has been going on a long time.”

Carman said he met with the witness three or four times, the first time being in July 2017. He said the witness never requested any of the meetings, and the first time the witness offered information on the Wilkinsburg case was while in the back seat of a police car en route to a court proceeding. He did not have an attorney present, Carman said.

He alerted the District Attorney’s Office, and a prosecutor interviewed the witness later that day, he said.

He also admitted he did not write a report from each of the meetings but of those he did, copies were given to the District Attorney’s Office.

He said the last time he met with the witness was in 2019 — he didn’t recall the date. Pellegrini was there, he said. He did not take notes or write a report from the meeting.

They didn’t discuss any promises or guarantees, he said.

“Was there a reason (talk of guarantees) was left out when the DA was there?” Williams asked.

No, Carman said.

Borkowski ordered prosecutors to turn over any information pertaining to any guarantees made to the witness in any case.

Williams said she intends to file a motion asking the judge to bar the death penalty in the case because of the perceived violation of the Brady rule. That rule, named for a 1963 Supreme Court case, requires prosecutors give any evidence favorable to the defendant to the defense.

Megan Guza is a Tribune-Review staff writer. You can contact Megan at 412-380-8519, [email protected] or via Twitter .