Man charged in connection with Matthew Napper shooting
November 8, 2004
Two months after a late-night shooting left a Pitt student in critical condition, Michael A…. Two months after a late-night shooting left a Pitt student in critical condition, Michael A. Jones stood in the Municipal Court Building last Thursday afternoon for a pretrial hearing, facing three criminal charges. He left with one new charge, however, facing more time in prison if convicted of it.
After testimony from James Bair, who witnessed the shooting of Pitt student Matthew Napper, Allegheny County Assistant District Attorney Robert Schupansky got City Magistrate Lou Coles to add an additional charge of reckless endagerment against Jones, with Bair as the named victim. Jones was already facing aggravated assault and reckless endangerment charges in connection to the incident.
At the beginning of the hearing, Jones’ attorney, Wendell Freeland, asked that the charge of violating the Uniform Firearms Act be dismissed, presenting Jones’ weapons permit. The permit expired Aug. 4, a month before the incident, but Coles discovered that Jones had 90 days to renew the permit with the county sheriff’s office. Coles dismissed the charge and left the status of the permit for the sheriff to determine.
The hearing marked the first testimony of Napper and Bair about the Sept. 4 incident. Napper related his recollections under Schupansky’s direct examination.
Napper said he was on the porch of 350 Atwood St. watching a group of friends toss a ball around in the street. The ball struck a black Acura driving toward Pitt’s campus just before 2 a.m. The driver of the Acura, whom Napper identified in court as Jones, exited his vehicle. Jones allegedly confronted the students on the street, and began to argue with Lauren Whitaker, a bystander.
Napper said the conflict heated up when Jones spat on Whitaker. He testified that Jones “was tugging at his waist, indicating he had something there.” Napper said he stepped in to try to break up the argument, putting himself between Whitaker and Jones. After walking away, Napper saw blood on his hand, indicating a scar when the bullet grazed him after exiting his body, piercing his left kidney.
Freeland asked Napper how he tried to separate Whitaker and Jones, to which he replied that he tried to drag Whitaker away, but he did not think he had touched Jones. Schupansky objected, calling the question irrelevant.
“Nothing warrants shots being fired,” Schupansky said.
Schupansky then called Bair, who also identified Jones as the shooter. Bair’s testimony echoed Napper’s, adding that he saw a gun in the defendant’s waistband.
“I saw [the gun] when he pulled up his shirt,” Bair said. “I backed off when I saw it, because I didn’t want to be shot.”
Bair testified that Jones aimed the gun at his legs, pointing to his knees. As Bair moved, he saw sparks on the ground near his feet.
“The next thing I knew, someone said [Napper]’s been shot,” Bair said.
Bair believes Jones targeted him because he was holding a football at the time, but the ball that struck the car was allegedly a tennis or lacrosse ball, with Napper and Bair testifying it was too small to be anything else.
Schupansky used Bair’s testimony to secure an additional charge of aggravated assault against Jones, saying “it was clear [Jones] was shooting at Bair.”
Coles suggested reckless endangerment, saying the ricochet proved Jones had no intent to shoot Bair. He amended the charges to include a second count of reckless endagerment.
“[Jones] will be pleading not guilty to all charges,” Freeland said after the hearing. Jones is free on $25,000 monetary straight bail, with the condition he has no contact with Napper.
Napper had to withdraw from classes this semester because of medical complications, though his friends say he is active and in good spirits.
“I’ve been out of the hospital for about a month now, and everything is looking good,” Napper said.
Napper is aware his testimony would be key in a conviction.
“I hope justice is served,” he said.