Murder conviction of Latrobe man nets Johnstown man 34+ years

Nearly three years since Scott and Jennifer McNerny’s 20-year-old son Daniel was gunned down outside of a Latrobe home as he attempted to intervene during the armed robbery of a drug dealer, they still can’t comprehend how their lives have changed.

“I can never erase the terror in my wife’s eyes,” Scott McNerny of Latrobe said as he described having to tell his spouse that their 20-year-old son was murdered on Jan. 20, 2016.

Austin Krinock, 20, of Johnstown, one of the men police said was responsible for the murder, was sentenced Wednesday to serve at least 34 years in prison. After a week-long trial in August, Krinock was convicted of second-degree murder, robbery and other offenses in connection with McNerny’s death.

Westmoreland County Common Pleas Court Judge Meagan Bilik-DeFazio ordered Krinock to serve a 30-year-to-life sentence for the killing and a consecutive four-to-eight year sentence for conspiracy.

“At some point you will get out of jail and have a life. Mr. McNerny will not. You owe it to him to make yourself a better person,” Bilik-DeFazio said.

Prosecutors said Krinock planned and participated in the robbery of a Pittsburgh-area drug dealer who a month earlier called him a derogatory name as they feuded over a girl. Krinock purchased the weapon used in the shooting, failed to dissuade his codefendants from going through with the armed robbery and later attempted to cover up the crime rather than seek help for a wounded McNerny.

McNerny, who was not part of the robbery plot, was shot twice by a masked man during the heist in front of the St. Clair Street home where he, Krinock and a group of others gathered to purchase drugs, prosecutors said. Police said about $12,000 was stolen during the robbery.

Family members told the judge they continue to struggle with McNerny’s death and the circumstances that led up to it.

“Thirty-five months to the day is the last time we were offered the opportunity to speak to Dan. We sit here today with one of his murderers, who has shown no compassion for Dan or anyone at all because he was called a name,” Scott McNerny testified.

Krinock declined to speak during Wednesday’s hearing.

Defense attorney Brian Aston asked for leniency because of Krinock’s troubled childhood, which included early exposure to drugs, alcohol and crime.

Krinock was 17 at the time of his arrest. As a result of his age he was exempt from a mandatory life prison sentence imposed on adults convicted of first- and second-degree murder.

The trial of Zachary McGrath, the masked man police said fired the shots that killed McNerny, is scheduled to begin next month. McGrath, 23, of Latrobe, is accused of first-degree murder and other offenses.

Colin Gearhart, 20, of Latrobe, is charged with second-degree murder, robbery and related counts for his role in the killing. His trial is scheduled to begin in March before Bilik-DeFazio.

Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich at 724-830-6293 or rcholodofsky@tribweb.com.