After less than two hours of deliberation, an Allegheny County jury convicted identical twins of second-degree murder yesterday, accepting the prosecution's argument that it didn't matter which of the brothers actually pulled the trigger.
After the verdict, a jury member said the panel of eight women and four men decided they didn't need to pinpoint which twin fired a single shot that killed a North Side teen, since the jurors all agreed the other twin was a conspirator and equally guilty of all the same crimes.
Last week the defense lawyers surreptitiously switched the defendants' seats when a prosecution witness took the stand, and the 10-year-old witness reversed his testimony about which twin stood by his brother's side and which twin handled the gun during the botched car theft.
In previous hearings, the witness said Devon Knox, 18, of Perry South, initiated the robbery and killed Jehru Donaldson, 18, on Brighton Place July 8. At trial, the witness said Devon stood by while Jovon Knox, 18 took the active role in the crime.
Deputy District Attorney Bruce Beemer told the jury in his closing that they didn't need to "settle identifications" if they agreed that one brother -- regardless of which -- was guilty of felony murder and the other conspired to rob the victim of his car.
"They're both equally responsible for both the murder and the robbery. They stood together, ran side by side with the car [when the victim tried to escape], one fired the shot and both ran away," he said.
The second-degree murder conviction carries an automatic life sentence without parole.
Two witnesses said the victim, a college-bound Oliver High School graduate, had parked outside their house to take their little brothers to a Pirates game when the twins approached the car. One twin brandished a handgun and told Mr. Donaldson to get out. The victim batted away the weapon and started to drive off, but the same twin shot toward the fleeing car, hitting Mr. Donaldson in the left temple.
Police arrested both twins and charged them with homicide after witnesses picked them out of photo arrays. A district judge held Devon Knox for trial but dismissed all charges against Jovon Knox. Police refiled the charges and in a subsequent hearing a judge ordered Jovon to stand trial for homicide as well.
The jury gave the men -- who wore identical blue plaid suits throughout the trial -- matching convictions. In addition, they were convicted of robbery, conspiracy and a firearms violation.
Neither twin nor their parents showed any emotion during the verdicts. Friends and relatives of the victim wept.
Common Pleas Judge Donna Jo McDaniel set sentencing for Sept. 23.
Lawyer Patrick Thomassey said he thought his client Jovon's "involvement was minimal, but obviously the jury thought he was an accomplice."
Juror Brooke Schad, 25, of the North Hills, later said jurors were "taken aback" by the twins switching seats for the key witness but said the boy's conflicting accounts about the gunman's identity didn't weigh in their decision.
"There was conspiracy on both their parts. If there hadn't been, it would have been a lot harder" for the jury, she said, and jurors would have had to figure out who did what.
The jury "saw through their charade," said the victim's brother, Jakim Donaldson, 24, who plays basketball for a team in the Canary Islands. He described Jehru, who was to begin last fall at Edinboro University of Pennsylvania, as "genuine and selfless."
Switching places in court "just made it worse" for them, said the victim's father Jay Donaldson. "It sealed their fate."
"Jehru's probably smiling that they got what they deserve," said Mr. Donaldson. He has been organizing anger management and mentoring programs for youth since his son's death. His group will host a rally at 11 a.m. Saturday at West Park on the North Side.
