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WILKES-BARRE — Accused killer Roberto Battle bellowed out his Islamic name, saying he was not participating in his homicide preliminary hearing because he is not bound by this county’s laws.
Despite Battle’s protests, District Judge Richard Cronauer continued with the hearing Friday when prosecutors showed a 30-second video what they say was a drive-by shooting outside Outsider’s Bar on South Main Street, Wilkes-Barre, on Oct. 13, 2013.
Cronauer forwarded an open count of criminal homicide and criminal conspiracy to commit homicide to county court against Battle and David Nealy, who remain jailed at the county correctional facility without bail.
Luzerne County assistant district attorneys Jarrett Ferentino and Jill Matthews alleged Battle, 28, of Brooklyn, N.Y., fired multiple rounds from a 9mm gun into a crowd from a passing vehicle driven by Nealy, 36, of Kingston.
Michael Onley, known as DJ Mo, was killed in the shooting.
Coroner William Lisman said an autopsy revealed Onley, 34, of Wilkes-Barre, suffered a single gunshot wound to the head.
At the opening and several times during the two hour hearing, Battle insisted he was not Roberto Battle and that his name was “Rash Allah Lam” and that he is a sovereign citizen not obliged to the laws of the United States.
Ferentino said Battle could “be a citizen of the planet Mars” and still be held accountable for the deadly shooting.
Battle’s court-appointed attorney, Allyson Kacmarski, tried her best to converse with Battle during the proceedings, but her efforts caused more outbursts by Battle.
Prosecutors suspect Battle and Nealy were inside Outsiders Bar when Battle was thrown out by security.
Prince Rodriguez, an armed security guard at Outsiders that night, said he saw Battle waiting next to a silver Mercedes Benz for Nealy to leave the bar. Rodriguez said he then saw the Mercedes Benz leave the parking lot.
Just after 2 a.m., Rodriguez said he was in the parking lot when he heard gunshots and saw multiple muzzle flashes coming from a passing silver-colored vehicle on South Pennsylvania Avenue, which is in the rear of Outsiders Bar.
Rodriguez said he was unable to return fire because there were too many people in the parking lot.
Prosecutors played a 30-second video of a silver car with flashes near the passenger side window as it passed the bar.
Nealy’s attorney, Thomas Sundmaker, said it was difficult to determine the color and type of vehicle shown in the video, noting most of the evidence is “circumstantial.”
Investigators got a break in the 4-year-old investigation in May when Shakim Varick, an inmate in federal custody facing drug and firearm offenses, allegedly provided a statement about the deadly shooting.
Varick testified Battle resided with him at a residence on North Franklin Street, Wilkes-Barre, and was aware he kept a 9mm firearm in his bedroom.
Prosecutors alleged Battle, after being thrown out of the bar, returned to Varick’s residence to retrieve the handgun and returned to Outsiders in the Mercedes Benz driven by Nealy.
Varick claimed Nealy told him that Battle was involved in a shooting.
In exchange for leniency on his federal charges, Varick admitted he is cooperating with authorities. Shortly after Varick provided a statement, city police and county detectives arrested Battle and Nealy.
Michael Goodrich testified he owned the Mercedes Benz that he often lent to Nealy in exchange for illegal substances. Goodrich said a day after the shooting, Nealy called him to say the Mercedes Benz was parked near Commonwealth Wilkes-Barre General Hospital.
