Allegheny County Court of Common Pleas Judge Jeffrey Manning is expected to deliver a verdict today in the non-jury homicide trial of Brandon Jeffrey Johnson.

Johnson, 22, took the stand Wednesday in his own defense, claiming another man actually killed Brian Lee, 19, of West Mifflin.

Prior to Johnson's testimony, that man, LeRoy Brown, 22, of McKeesport, took the stand denying any involvement in the armed robbery and fatal shooting of Lee on July 13, 2008, at the now-closed Damon's Grill in the Waterfront. Lee was a Damon's employee.

Defense attorney Patrick Sweeney also asked Brown, who was subpoenaed by the defense, if he knew Xavier Rimpel. Sweeney said Rimpel claimed Brown had confessed to Rimpel about Lee's killing.

“I've never heard of him,” Brown said, with his own defense attorney Patrick Nightingale nearby.

Assistant District Attorney Rebecca Alyce Auld objected to Brown testifying on lack of foundation before he said anything. Manning sustained that objection after hearing what Brown had to say.

Manning ruled that a document written and signed by another inmate, Tyrone Taylor, was inadmissible. That document allegedly said Taylor heard Rimpel discuss Brown's confession.

Manning asked Sweeney why he didn't have Rimpel testify.

“I'm not going to call him because he won't say that,” Sweeney replied.

Even after Brown's denial, Johnson testified he was in the vehicle while Brown committed the armed robbery on July 13, 2008.

Johnson said he received a phone call from Brown on the day in question asking for a ride so that Brown could pick up money. Johnson said he drove Brown to the Waterfront and was told to park in the Courtyard by Marriott lot next to Damon's in West Homestead. Johnson said he believed Brown was doing some drug transaction until he saw Brown run toward the restaurant.

“It didn't look right,” Johnson said. “It didn't look like a drug deal.”

He said Brown claimed he had to change his clothes because the manager saw him. Johnson said he changed his clothes because he was wearing clothes similar to Brown's. He said he couldn't just drive away because police were there. Johnson said he started walking toward the Marriott and Brown was behind him.

“He told me to keep a distance,” Johnson said.

Johnson said he called his child's mother Janee Krista and asked her to find a ride for him. He said he received a text from Brown while on the Homestead Grays Bridge, saying that Brown would be picked up at a gas station along Eighth Avenue in Homestead. Johnson said he told Krista to have the vehicle pick him up at a restaurant further down Eighth Avenue.

He said he received a text from Brwon the next day instructing him to bring the money and gun that had been left in Johnson's Jeep the previous night. Krista and Johnson recovered Johnson's vehicle, and Johnson said he dropped off Krista before heading to McKeesport to see Brown.

Johnson said he asked Brown if he saw the news coverage of the Damon's robbery and said, “Dude ended up dying.”

Johnson claimed Brown said, “Oh well. He was fighting back.”

Brown and Johnson knew each other from a time when both were living in McKeesport, Johnson said. He said he began to date Brown's child's mother in August 2009.

Johnson's Wednesday testimony differed from a recorded interview with county homicide detectives that was played Tuesday in court. During that interview, Johnson admitted to the robbery and said Lee grabbed the gun and it went off by accident.

When questioned about that, Johnson said he was afraid Brown would do something to his friends or family if he named him for the murder. He also said he was high on narcotics and nervous during the police interview, which was conducted after Johnson was arrested in McKeesport on Oct. 24, 2009.

Johnson said Brown stabbed him in the leg on Sept. 19, 2009, because of jealousy over Johnson dating Brown's child's mother. He said he went to UPMC McKeesport and the hospital called McKeesport police. Johnson said he was afraid of Brown, and so he didn't tell police who stabbed him.

Sweeney then introduced an evidence exhibit of a Dec. 18, 2009, letter Brown wrote to Allegheny County District Attorney Stephen A. Zappala Jr., saying Brown committed Lee's shooting.

Krista testified Monday and Tuesday that Johnson told her he shot Lee during the robbery. She also said Johnson didn't pay child support.

Johnson said child support was taken out of his paychecks when he worked, but it wasn't enough for Krista. He said Krista held the Damon's robbery over his head, threatening she would implicate him during arguments and she was bitter with him.

During cross-examination, Auld questioned Johnson why Krista would implicate him if she needed child support payments from him.

Johnson said she'd have to ask Krista.

Auld asked Johnson why he remembered all of the specific details of what happened inside Damon's during the robbery when police performed the taped interview. She also asked why he spoke so clearly if he was under the influence of narcotics.

“You must have a really good memory,” Auld said.

“I do,” he replied.

During redirect, Sweeney said Krista also described the robbery and Lee's shooting in specific details and she wasn't there.

Sweeney also called Gabrielle Sinkler, 19, as a character witness. She said Johnson was honest and described an incident when her neighbor dropped money and Johnson returned all of it. Sinkler said his friends told her he was always a person who would try to stop confrontations. Johnson used to live with Sinkler and her mother.

Johnson is charged with homicide, robbery, firearms not to be carried without a license and recklessly endangering another person.

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