Jurors must decide murder or self defense in trial of ex-Pittsburgh police officer

An ex-Pittsburgh police officer charged with shooting and killing his best friend inside a Bloomfield bar acted in self-defense, his attorney told jurors Tuesday, but that conflicts with the prosecution's portrayal of a man who fired repeatedly, intending to kill.

Defense attorney Patrick Allen Sweeney said Kenneth Farnan, 53, was trying to protect himself during a fight in Condrin's Tavern with Shawn Evans, 56, who was taller and heavier than Farnan.

“It's not illegal to bring a weapon into a bar, no matter how much it may be implied. It's not illegal to carry a weapon while drinking, no matter how bad an idea that may be,” Sweeney said. “(Farnan) did not break the law; Shawn Evans did.”

But Deputy District Attorney Janet Necessary said the prosecution was seeking a murder conviction.

“Due to the number of shots fired and the way this happened, the commonwealth will be asking for a verdict of first-degree murder,” she told the jury of five men and seven women.

Witnesses said the two longtime friends had been drinking together amicably most of the night on Sept. 13, 2013, and were among five regulars inside the tiny Bloomfield bar shortly after last call. But when Evans of Bloomfield struck or prodded Farnan in the head as he nodded at the bar, an exchange of words turned into a scuffle on the floor. Farnan allegedly bit Evans, who later returned from the bathroom yelling at Farnan.

Sweeney said Evans came out of the bathroom and attacked Farnan, backing him down the bar into a corner of the room by the entrance, where Farnan shot him as Evans was reaching for the gun. But bartender Janetta Bordas said Evans had only been shouting and showing the bleeding mark on his arm where he said Farnan had bitten him.

The fight resumed, and the two ended up on the floor again. Farnan shot Evans six times in the shoulder, arm, stomach and back, according to testimony from Dr. Todd Luckasevic of the Allegheny County Medical Examiner's Office. Bordas said that as she stood after taking cover, Farnan reached up to put his gun on the bar, stood up, and leaned against the bar to stare at her.

“Just a cold stare,” she said.

Luckasevic said only one of Evans' gunshots showed signs of stippling, the tiny marks from gunpowder resulting from a close-range shot, although he conceded that the powder may have been absorbed or deflected by Evans' clothing around the other wounds.

Friends and family of the men — who had lived in the same neighborhood as the regulars at Condrin's that night — filled the gallery of Judge Jill E. Rangos' courtroom. Several cried quietly as the autopsy photos were shown.

Pittsburgh homicide Detective Tim Rush said the area between the bar and the front wall of the establishment, where Sweeney said the final part of the fight took place and all the shell casings were found, was very confined — only about 2 feet 9 inches by 3 feet 6 inches deep, with a few bar stools.

No witnesses testified to it Tuesday, but Sweeney said in his opening statement that Evans had been “throwing my client around,” had him in a headlock and was reaching for his gun.

“He had no choice but to act, and to act consistent with his training,” Sweeney said.

The trial was scheduled to continue with defense witnesses Wednesday.

Matthew Santoni is a staff writer for Trib Total Media. He can be reached at 412-391-0927 or msantoni@tribweb.com.