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Court upholds man’s murder conviction

Mack challenged sufficiency, weight of evidence

The Pennsylvania Su­perior Court has upheld a first-degree murder conviction and life sentence imposed on Aaron I. Mack, 29, who shot a Johnstown man to death three years ago.

Mack, from New Jersey, was visiting at the Solomon Homes housing project in Johnstown on Dec. 30, 2015, when he killed 28-year-old Daron Shamburger just outside the front door of one of the units.

That murder, according to testimony at Mack’s 2017 trial, was observed by Shamburger’s cousin, Devon Huddleston, who watched through the door window.

He heard a gunshot and saw Shamburger fall to the ground.

Huddleston then saw Mack walk to the spot where Shamburger had fallen, stand over him and shoot him a second time in the head.

Trial testimony indicated either shot would have been fatal.

Police found two spent .45-caliber shells at the scene but never recovered the murder weapon.

Cambria County Judge Tamara R. Bernstein sentenced Mack to life without parole.

Mack is housed at the State Correctional Institu­tion at Somerset.

His attorney, Richard Corcoran of Ebensburg, challenged the sufficiency and weight of the evidence used to convict Mack, particularly the fact that Huddleston, the only eyewitness, gave several differing and inconsistent statements about what occurred that night.

The Superior Court opinion written by Judge Mary Jane Bowes reported that Huddleston initially told police he did not see the shooter’s face and that he was at a basketball court some 500 feet away when the shooting occurred — not watching the killing through a window.

During the trial Huddleston explained that he lied because he was scared and did not want to place himself at the scene.

The defense argued to the Superior Court that Huddleston gave three prior statements to police “that were so wholly inconsistent and full of lies” and that the story he told to a jury could not be believed.

“None of the police officers can put (Mack) there,” the defense argued.

The defense also pointed out that another witness testified the shooter was 5 feet, 6 inches to 5 feet, 8 inches tall.

“Clearly (Mack) is much taller than that, so they have no evidence,” argued the defense.

Judge Bernstein rejected the defense argument, pointing out that Huddleston’s trial testimony was supported by physical evidence, including video footage, and other witnesses.

Huddleston said he saw Mack that day while in one of the Solomon Homes apartments. Mack was wearing a light gray hooded sweatshirt and light gray sweatpants.

He knew Mack from a family reunion when he was younger, although they are not related, he stated.

Later, he said, he was downstairs at the stairwell when Mack went past him, and said he was able to view the shooting through the window in the front door. Mack wore the same gray clothes as he had on earlier, but the hoodie was pulled over the assailant’s head.

The defense contended the prosecution testimony was so “insufficient” that the jury’s guilty verdict amounted to “mere speculation.”

The appeals court opinion, joined by Judges Paula Francisco Ott and Deborah A. Kunselman, concluded, as did Bernstein, that Huddleston’s testimony was supported by testimony from other witnesses “such as that concerning what the shooter was wearing and how the incident unfolded.”

The jury had the opportunity to view Huddleston during his testimony and to consider why he initially gave police inconsistent statements.

Despite differing statements, Huddleston identified Mack as the killer “each time he was interviewed by police and at the preliminary hearing.

“Hence there is no reason for this court to deviate from the rule that it is for the jury to believe all, part or none of the evidence,” stated the Superior Court opinion.

The opinion also rejected a defense argument that the court erred when it refused to permit the jury to visit the scene so it could examine the view Huddleston initially said he had from the basketball court.

There was no need for a visit to the scene due to photographs and a map of the Solomon Homes complex that were introduced into the evidence, according to the Superior Court.

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