Judge rejects bid to return $2,500 to witness in cop killer investigation
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A Westmoreland County judge on Friday denied a Braddock man’s request to return money seized from him during the investigation into the murder of a New Kensington police officer.
Tavon Harper, 30, who testified at the 2019 trial of Rahmael Holt, the man convicted of killing New Kensington Officer Brian Shaw in 2017, was seeking the return of $2,500 seized by investigators.
Harper was driving the SUV pulled over by Shaw the night the officer was killed. Holt, a passenger, jumped out and ran during the traffic stop, leading Shaw to chase him on foot.
Judge Scott Mears dismissed the motion when Harper failed to appear for the fourth scheduled proceeding on the matter.
Harper testified at Holt’s two-week November 2019 trial. On Nov. 12, the jury found Holt, 32, guilty of murdering Shaw.
Jurors sentenced Holt to death two days later.
Harper was the only witness who placed Holt in the vehicle. Harper testified he saw Holt carrying a .40-caliber semi-automatic handgun on the day of the shooting and that he had sold cocaine and marijuana to Holt.
After the trial, prosecutors dropped three felony drug charges and one misdemeanor charge of flight to avoid capture they filed against Harper.
Investigators seized Harper’s Grand Cherokee Jeep and $2,500 they found in Harper’s possession as evidence. After the trial, Harper’s attorney, Carl Marcus, filed a motion to have Harper’s property returned.
Assistant District Attorney Jim Lazar said prosecutors already returned Harper’s SUV, but opposed returning the cash.
Lazar said he opposed the return because it was important evidence in the murder investigation that continues being appealed.
“And we also believe it was proceeds from illegal drug sales,” Lazar said.
Marcus told Mears he had financial documentation including tax returns and bank accounts from Harper ready to introduce as evidence to support his claim that would show that the cash was not derived from the sale of contraband.
“But you need a witness to introduce it,” Mears noted.
Mears then granted Lazar’s motion to dismiss Harper’s request.
Marcus indicated he may file a motion within 10 days asking Mears to reconsider the decision.