Washington County District Attorney Jason Walsh is appealing a recent decision by a judge to dismiss all charges against a co-defendant in the shooting death of a man at a Donora convenience store back in 2021. According to the Observer-Reporter, Walsh filed an appeal with state Superior Court over Washington County Judge Traci McDonald to dismiss the homicide case against 31 year old Jah Sutton of Homewood. She was initially charged with conspiracy and then later with criminal homicide in the shooting death of 28 year old Nicholas Tarpley, an employee at Anna Lee’s store. 36 year old Devon McLean of McKeesport and Devell Christian of White Oak are accused of shooting and killing Tarpley. Judge McDonald Dimissed the homicide case against Sutton after finding that there was no conclusive evidence linking her to the killing. Walsh intended to pursue the death penalty against all three. The appeal comes as the Atlantic Center for Capital Representation has filed a petition with state Supreme Court asking it to curtail Walsh’s pursuit of the death penalty claiming that he has used it for political purposes and to gain leverage against defendants.