A jury on Tuesday returned a split verdict for two men charged with killing a teenager in Wilkinsburg in 2021.
The panel found Deontae Nalls, 24, of Plum, and Daeshuan Smith, 22, of Penn Hills both not guilty of first-degree murder and conspiracy to commit first-degree murder.
However, the jury of six men and six women could not agree on a unanimous decision for third-degree murder and conspiracy to commit third-degree murder — splitting 10 to 2 in favor of acquittal and resulting in a mistrial on those counts.
Allegheny County Deputy District Attorney Alison Bragle said that her office will retry the case on those two counts within 120 days.
A new date has not yet been set.
Defense attorneys Casey White, who represents Smith, and Owen Seman, who represents Nalls, said their clients are relieved they will no longer be facing a potential penalty of life in prison without parole, which is mandatory with a first-degree murder conviction.
“We understand the jury did not completely absolve him, and we have to respect their decision,” Seman said.
Smith and Nalls are accused of killing Darin Hobdy, 17, of Penn Hills on the night of May 23, 2021, on Vantine Street.
Hobdy was shot 13 times. Investigators recovered casings from two handguns — a 9 mm and .40-caliber.
Police believe Nalls picked up Hobdy — intending to kill him — and drove with him to Wilkinsburg under the guise of buying marijuana from Smith.
At trial, the prosecution argued that Nalls suspected Hobdy of burglarizing his Plum apartment two days earlier, including stealing $30,000 cash, an assault rifle and a pound of marijuana.
Bragle presented video evidence that showed a car matching Nalls’ was at the scene that night, as was a car similar to one Smith drove.
Nalls admitted to police he was there — and that he’d driven to the area with Hobdy to buy marijuana — but said someone started shooting, and he fled.
The prosecution also presented evidence from both Nalls’ and Smith’s cell phone records, showing they spoke 11 times that day.
Seven of those calls were between 10:02 p.m. and 10:26 p.m. Hobdy was shot about 10:40 p.m.
Cell phone records also showed the phones traveling the same route back to the area of Nalls’ house together.
In their closing arguments, the defense attorneys focused on the lack of any physical evidence directly tying their clients to the homicide. There were no fingerprints, DNA or witnesses.
As part of their efforts to raise reasonable doubt in the minds of jurors, the lawyers hammered on problems that came to light about one of the two murder weapons.
Until the third day of trial, neither the prosecution nor defense knew that the .40-caliber handgun had been sitting in police storage for years, having been recovered in a traffic stop three months after the homicide. The defense lawyers ripped into the police investigation, calling it shoddy.
“I’m surprised the jury could overlook the fact that the confirmed murder weapon was in possession of the commonwealth for nearly three years and was never tested, analyzed or compared until the third day of this trial,” Seman said.
After the jury was dismissed, White said the verdict did not make sense, especially for his client.
In addition to finding Smith not guilty of first-degree murder, the jurors also found Smith not guilty of carrying a firearm without a license.
“Respectfully, this jury’s verdict is inconsistent with the facts that were presented,” White said. “The instruction for third-degree murder requires two elements: Darin Hobdy is dead, and the defendant killed him. If they found him not guilty of the firearm, what is the mechanism used to kill him?”
Both Nalls and Smith made a motion to be released on bond pending a retrial.
Common Pleas Judge Thomas E. Flaherty denied their request at a hearing Wednesday.
