Jury convicts Penn Hills man of 2 murders

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It took a jury about two hours Tuesday to convict a man of killing a mother and son in Penn Hills in 2012.

Andre Davis, 22, was found guilty of two counts of first-degree murder in the shooting deaths of Angela Proctor, 51, and her son, Manning, 22, as well as attempted homicide and aggravated assault in the shooting of Andre Frazier.

Mr. Davis will be sentenced by Common Pleas Judge Beth A. Lazzara on June 4. He faces a mandatory prison term of life without parole.

Defense attorney Robert Foreman, who chose not to give an opening statement during the trial, closed for more than an hour Tuesday morning.

In his argument, Mr. Foreman conceded to the jury that his client was the man who killed the Proctors.

But, the attorney continued, Mr. Davis should not be found guilty of first-degree murder.

"Sometimes we act impulsively. We don't think it through," Mr. Foreman said. "In this case, we're talking about a young man who acts out of absolute rage."

The prosecution presented evidence that Mr. Frazier was the intended target in the shooting, and that the two men, who had long been friends, had argued earlier in the day.

Mr. Foreman, who asked the jury to consider third-degree murder and voluntary manslaughter, said that the prosecution failed to present motive for Mr. Davis shooting the Proctors.

"What evidence do we have to show this was a willful, deliberate, premeditated killing in either event?" Mr. Foreman asked.

But deputy district attorney Ilan Zur said that the premeditation required for first-degree murder does not have to be a lengthy, drawn-out process.

"What he did here was an intentional act," Mr. Zur said. "The specific intent to kill ... can occur quickly."

Mr. Davis brought a loaded gun to the Proctor home and pulled it out -- first shooting Mr. Frazier three times, before turning on the Proctors.

"Firing it once, twice, three times. You tell me -- at what point does that become an intent to kill?" Mr. Zur asked.

After shooting at Mr. Frazier, the prosecutor continued, Mr. Davis first shot Manning Proctor, then the man's mother.

"He chased these people. He shot them down, and he killed them," Mr. Zur said. "What he's thinking is these people now are witnesses and 'I have to get rid of them.' "

That, the prosecutor continued, is first-degree murder.

"The facts are in your face here. Nothing in this case suggests anything else."

Paula Reed Ward: pward@post-gazette.com, 412-263-2620 or on Twitter @PaulaReedWard. First Published March 4, 2014 3:31 PM


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