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The lawyer of the accused murderer is again filing a motion to have the charges dismissed

The lawyer of the accused murderer is again filing a motion to have the charges dismissed

Oct. 26 – SUNBURY – A Luzerne County man will appear before a Northumberland County judge again in an attempt to have homicide charges dismissed in connection with an August shooting outside the Northumberland County Courthouse.

Carnell Shelborne asks Judge Hugh Jones to drop the murder charge. His first request was denied because his lawyer filed a motion last month that was deemed untimely.

The hearing lasted nearly two hours but was held in chambers before Jones announced his decision and added that defense attorney Theron Solomon, also of Wilkes-Barre, had been allowed to refile the motion, and then Jones would schedule a hearing that he said could take a full day.

Solomon said he filed the motion to dismiss the charges because he believes there is a lack of evidence against his client. Solomon re-filed the motion on Wednesday.

Shelborn has been charged with murder for what police say was his involvement in the Aug. 15 shooting of Devon Creel in Sunbury near the Northumberland County Courthouse. The shooting happened during a lunch break during the attempted murder trial of Anthony Moultrie and Frankie Rich.

Sunbury police say Shelborn and co-defendant Nasir Robinson, who is also charged with murder in the case, left the courthouse and used their car to block Creel from exiting the Market Street parking lot before a third man, Denary Springs, of Northumberland, shot himself. . and killed Creel.

Springs, who is charged with murder, fled the scene and has not been located, police said.

Solomon said Shelborn was arrested the night of the shooting and charged with conspiracy to commit murder. At a preliminary hearing on Sept. 17, Solomon said Shelborne learned he was charged with murder.

In a statement, Solomon noted that the only witness to the Aug. 15 slaying who testified during the trial was Rich, who police say shot Robinson days after Kareem Jakes was killed in May 2022. Jakes was shot dead by Ajani Uhuru of Sunbury.

Police say Moultrie and Richu were charged with attempted murder for shooting Robinson and a relative, Ugura, days after the Jakes were shot. Earlier this year, a jury found Uhuru guilty of premeditated murder.

In his statement, Solomon said that Rich’s testimony at a preliminary hearing on Sept. 17 was based on fiction, and video evidence shown by O’Donnell and Sunbury police proved otherwise. Solomon said Rich is testifying against Robinson, who was a witness for the Commonwealth during Rich’s trial.

After the shooting on August 15, President Judge Paige Rosini announced the dismissal of the trial. Both defendants are due back in court in November.

During a preliminary hearing, video showed Shelborne and Robinson pulling up in a car behind Creel’s car. The vehicle carrying Shelborne and Robinson drove off after a brief exchange of information. Moments later, Springs shot and killed Creel, video showed, Solomon said.

Police say Springs grabbed a gun from the car Shelborn and Robinson were riding in before the shooting.

Solomon said Shelborn was a passenger in the vehicle, never fled the area and was found at his Sunbury residence hours after the shooting. Solomon said the Commonwealth fabricated the whole theory to arrest the two men in an attempt to find Springs.

Robinson is represented by attorney Jim Best of Sunbury, who joined the filing with Solomon.

Jones also denied Shelborne and Robinson bail as part of the original motion.

The date of the new proceedings has not been set.