Westmoreland County District Attorney Nicole Ziccarelli announces that no charges will be filed in the shooting death of Mariell McGowan.
The circumstances surrounding the shooting death of Mariell McGowen have been thoroughly investigated by the Westmoreland County Detective Bureau and the Jeanette Police Department. Their investigation has been reviewed extensively by a team of prosecutors, including me. Based on that investigation and our subsequent review, I make the following factual findings and legal conclusions.
Mr. McGowan was shot and killed in the City of Jeannette two and a half years ago. The person who shot and killed Mr. McGowan was at his own home with his family when he learned that McGowan and two other men were coming to his residence armed and to do him harm. The resident also knew that McGowan and others with him had participated in an armed home invasion and brutal assault of another man earlier that same evening. The resident repeatedly told the armed men not to come to his home and that there were children in the residence. The armed men came to his home anyway. Fearing for his life and the lives of others in his home, the resident shot McGowan just outside the home.
The Castle Doctrine is the law in Pennsylvania. This doctrine has expanded Pennsylvanians' right to use deadly force in their homes to include threatening situations outside their homes. It also eliminated a requirement that people try to retreat before using deadly force in such situations.
While I am deeply sorry for Mariell McGowan’s family’s loss, I made a commitment to the people of Westmoreland County to make decisions based on the law, and not emotions. I have done so in this case. The Castle Doctrine – a doctrine of self-defense and defense of others - empowered this man to defend his life and the lives of his family members who were within the home in the manner in which he did. For those reasons, there will be no prosecution in the case. I consider this matter closed.
Nicole W. Ziccarelli,
Westmoreland County District Attorney