DA says murder arrest 1st to come from Westmoreland Co. grand jury
A West Brownsville man was charged in March for the fatal shooting of a New Kensington man.
By RICH CHOLODOFSKY
TribLive
Criminal homicide charges filed in connection with the fatal shooting of a man in New Kensington more than two years ago was the first to result from a Westmoreland County investigating grand jury seated early last year, prosecutors said Wednesday.
Larry Osborn Nix II, 41, of West Brownsville, Washington County, was formally charged in March in connection with the Dec. 9, 2022 death of 31-year-old James Michael Hayes, whose body was found in the parking lot behind Kensington Arms Apartments in the 400 block of 11th Street with a gunshot wound to the head.
“I commend the relentless efforts and diligence of our prosecutors and investigators who spent countless hours presenting testimony and evidence to our panel of grand jurors. This is the grand jury’s intended purpose: To bring a resolution to unsolved major crimes and hold someone accountable, and I am proud that we were finally able to get answers for the family of Mr. Hayes,” Westmoreland County District Attorney Ziccarelli said in a statement.
Grand jury proceedings are conducted in secret. Information about Hayes’ death, the subsequent investigation and the arrest of Nix had for months been under seal prior to a preliminary hearing conducted June 25 in New Kensington.
Defense attorney Jaclyn Shaw said she briefly reviewed the grand jury’s presentment in June and has yet to learn additional details from prosecutors about their case against Nix.
She said Nix has denied the allegations.
“The commonwealth’s theory is the victim wasn’t the intended victim, and my client has maintained his innocence,” Shaw said.
Nix pleaded not guilty prior to his canceled court arraignment scheduled for Wednesday and is being held without bond as he awaits trial. He is next scheduled to appear in court in August for a pretrial conference.
According to a grand jury presentment prosecutors claim evidence suggested Hayes was shot as part of an ongoing dispute that involved drug dealing and a robbery.
Witnesses told the grand jury a known drug dealer claimed was a suspect in a robbery in November and the target of a retaliatory shooting on Nov. 29, 2022 on Sixth Avenue in New Kensington. No one was injured in that incident.
Prosecutors contend Hayes was gunned down as he drove two other people through New Kensington, including a man police said was the victim of the November robbery.
Witnesses told the grand jury that three men, including one who matched Nixes’ description, fired on Hayes after he stopped his vehicle to retrieve a jacket from its trunk.
Westmoreland County Det. John Swartz testified 41 rounds were fired from three different weapons from a distance from where Hayes’ body was found. No shell casings were found near Hayes’ body, Swartz told the grand jury.
Police said security video from local businesses and street cameras were used to place Nix and two other unidentified men near the shooting and linked him to a rental vehicle found at Pittsburgh International Airport.
DNA from Nix was found in the rented vehicle, police said.
The Westmoreland County grand jury has been meeting monthly after being seated in February 2024.
Ziccarelli’s spokeswoman Melanie Jones declined to comment about other cases being investigated by the grand jury.
It’s creation was the first time in about three decades that Westmoreland County prosecutors have utilized a grand jury. Ziccarelli previously said it was created to investigate unsolved homicides and other major crimes.
The grand jury was expected to convene over an 18-month period. Jones said it will continue to function into the fall .
