Butler man wants 2021 homicide charge dismissed
One of the three defendants in the December 2021 shooting and stabbing death of a Pittsburgh man in Butler is seeking the dismissal of the homicide charge against him.
A hearing was held in Common Pleas Court on Tuesday, Dec. 3, on a habeas corpus motion filed on behalf of Kahlil Z.H. Rippy Jr., 26, of Butler, in the Dec. 5 death of Hakeem Moran, of Pittsburgh.
Rippy’s court-appointed attorney, Nina Martinelli, filed the motion in August arguing that the evidence does not show that Rippy committed the murder.
Assistant district attorney Robert Zanella said co-defendant Brooke R. Fair-Smith, 31, of Butler, testified at Rippy’s preliminary hearing in February that she saw Rippy and the third co-defendant, Hassan L.R. Brack, 38, of Huntington, run into a home on College Street and then run out of the home.
Zanella submitted copies of two surveillance videos as evidence. One video apparently shows Fair-Smith on College Street and Rippy and Brack on the porch of the home on College Street. The second video apparently shows Rippy and Brack throwing something under a car on Linden Street, which intersects with College Street.
A knife with DNA from Moran was found under the car, according to testimony from the hearing.
Zanella said Fair-Smith set up Moran to be robbed by Rippy and Brack by going to the College Street home to buy drugs from Moran.
Moran was found in the home with multiple stab wounds and a gunshot wound and was taken to a hospital where he died from the wounds.
Martinelli argued that neither Rippy nor Brack are identifiable in the videos, and the only evidence against Rippy is Fair-Smith’s testimony that places him at the home.
Judge Timothy McCune didn’t immediately rule on the motion. He said he will issue an order.
All three defendants have been charged with homicide, burglary and conspiracy charges and are being held in Butler County Prison without bail.