Daniel C. Lloyd

An Allegheny County man who was sentenced to serve a mandatory sentence of life in prison without parole for the June 2022 death of an Ohio man in Muddy Creek Township has filed post-sentence motions seeking an acquittal and a new trial.

Daniel C. Lloyd, 22, of Pitcairn, was found guilty of first-degree murder and conspiracy to commit first-degree murder in the June 21 drug-related shooting death of Frederick Orr, 32, of Columbus.

Co-defendant Nicole Schwartz, 39, of Ellwood City, pleaded guilty to conspiracy to commit third-degree murder and was sentenced to serve 9 to 20 years in state prison, followed by five years of probation.

Lloyd’s court appointed defense attorney Michael Jewart and assistant district attorney Ben Simon, who prosecuted the case, sparred over Jewart’s motions during a Wednesday hearing before Common Pleas Court Judge Timothy McCune, who presided over the jury trial in May and sentenced Lloyd in June.

Jewart filed a motion seeking an acquittal due to insufficient evidence and a motion seeking a new trial because the verdict was contrary to the weight of the evidence.

Arguing for the acquittal motion, Jewart said the prosecution did not disclose during the discovery process that a witness, a woman who was dating Lloyd’s father, told Schwartz that Lloyd’s mother buried the gun used in the shooting.

He said during the trial Simon asked Lloyd’s mother if she buried the gun. She testified that said she didn’t.

The court erred by allowing the question to be asked, Jewart said.

He noted that the jury came out of deliberations to ask McCune if they should consider the answer given by Lloyd’s mother.

Simon said a transcribed copy of an October 2022 interview with Schwartz in which she said the witness told her that Lloyd’s mother buried the gun was provided to Lloyd’s trial attorney, Joseph Scioscia III, a year before the trial, and was referenced in a discovery packet that was turned over to Scioscia.

Asking Lloyd’s mother if she buried the gun was a legitimate question, Simon said.

He said the jury asked McCune if they could rely on the answer given by Lloyd’s mother, who was called to testify as a defense witness.

Jewart said he received a statement from Schwartz saying the witness told her that Lloyd’s mother buried the gun, but no other information was provided.

In the new trial motion, Jewart argued that prosecutors failed to prove that Lloyd was in the vehicle in which Orr was shot and no one testified that they saw Lloyd shoot Orr. He said police found DNA from an unknown person in the rear of the vehicle.

Simon said jurors are the finders of facts in trials. In addition, a number of witnesses placed Lloyd in the vehicle, and cellphone tracking data supported that testimony.

McCune said the evidence placing Lloyd in the vehicle is acceptable, but he asked if there was enough evidence to prove he committed the shooting.

Simon said the testimony from one witness is sufficient.

McCune said he will issue an order with instructions for the attorneys to file briefs in support of their motions and arguments.