An Allegheny County jury Friday found Herbert Hart, 26, guilty of third-degree murder in the shooting death of a man at his Homewood house last year.
The jury deliberated for about three hours before reaching its verdict. Hart faces a maximum penalty of 40 years in prison and is scheduled for sentencing Sept. 24.
Assistant District Attorney Michael Berquist asked the jury to find Hart guilty of first-degree murder in the death of Robert Wilson, 35, of East Liberty.
Mr. Wilson was the ex-boyfriend of Hart’s fiancee, Ashsyria Gatewood, and the father of their daughter. Mr. Berquist argued that Hart became angry when Mr. Wilson came to his home unannounced in October to visit his daughter.
A neighbor testified that the child’s mother was standing between the men when Hart reached over her and shot Mr. Wilson, who then fell down the stairs.
Defense attorney Blaine Jones asked the jury to find Hart not guilty based on self-defense.
He said Hart feared for his family’s safety when Mr. Wilson came to the house and that he fired the fatal shot to Mr. Wilson’s upper chest to disarm him.
Hart and Ms. Gatewood, 29, testified Wednesday that Mr. Wilson threatened to kill them.
“Words can’t even describe how I feel about [the verdict],” said Desiree Darwin-Wilson, 40, of Wilkinsburg, Mr. Wilson’s wife. She said her husband was unfairly presented as a monster during the trial.
Mr. Jones said he is glad Hart avoided a first-degree murder conviction, which carries a penalty of life in prison without parole.
“I’m happy for [Hart’s] family,” he said as Hart’s mother hugged him. “They’re ecstatic because one day their son will come home to them.”
Common Pleas Judge David Cashman of Allegheny County presided over the trial.
Amaka Uchegbu: auchegbu@post-gazette.com or 412-263-3571.
First Published: June 26, 2015, 4:46 p.m.
Updated: June 27, 2015, 3:49 a.m.