A long-delayed New Kensington murder case has been pushed back yet again, after prosecutors told a Westmoreland County judge they cannot find a key witness whose testimony they say is crucial to proving motive. Jury selection, which was supposed to start this week in Westmoreland County Court, is now on hold until July while sheriff’s deputies try to track the woman down, extending a process that has left the victim’s family and the defense waiting nearly three years for closure.
Key witness missing, trial hits pause
Assistant District Attorney Katie Ranker Ellwood told the court that sheriff’s deputies have been unable to locate the witness and that a material-witness warrant was issued last week, according to WTAE. With that disclosure, the judge stopped jury selection before it even began and reset the trial for July, giving authorities more time to find the woman prosecutors say is central to their theory of why the shooting happened.
Kensington Arms killing and long road to court
Investigators found 31-year-old James Michael Hayes on Dec. 9, 2022, in the parking lot behind the Kensington Arms apartments in the 400 block of 11th Street. He had a gunshot wound to the head, according to a public information report from the Westmoreland County Coroner. Prosecutors later took the case to an investigating grand jury, which recommended criminal charges - the first time in roughly three decades that Westmoreland County has convened such a panel, Observer-Reporter noted. Much of that grand jury work stayed under wraps while court filings and a preliminary hearing played out earlier this year.
Charges facing the defendant
Larry Osborn Nix II, of West Brownsville, was indicted in March on a criminal-homicide charge along with related counts that include attempted homicide and possession of a prohibited firearm, according to Shore News Network. Nix waived a formal arraignment, has entered a not-guilty plea, and remains held without bond as the case crawls toward trial. Prosecutors say witnesses told the grand jury that the deadly shooting followed an alleged robbery and an earlier exchange of gunfire, allegations that will be tested in front of a jury when the case finally gets underway.
Where the case stands now
The material-witness warrant is aimed at securing testimony prosecutors argue is central to establishing motive. By pushing the trial to July, the court is giving the district attorney’s office time either to locate the missing witness or to firm up other ways to present that evidence. Court records also indicate a pretrial conference is expected in August, according to Shore News Network. Defense counsel did not immediately respond to requests for comment.
What happens next
With jury selection on ice, the trial is now set to begin in July while authorities continue the search for the missing witness, WTAE reported. A pretrial conference is expected in August, per Shore News Network, and court officials say the schedule could be revisited if the witness is found sooner or if new evidence comes to light. Anyone with information about the case is asked to contact New Kensington police or the Westmoreland County District Attorney’s Office.
