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WILKES-BARRE — Accused killer Roberto Battle refused to take part in his own arraignment Monday in Luzerne County Court.
Battle, one of two men facing charges in connection with a local DJ’s shooting death four years ago, wouldn’t raise his hand when instructed.
Battle, who is facing charges of criminal homicide and conspiracy to commit criminal homicide, wouldn’t swear an oath to tell the truth.
Instead, the Brooklyn, N.Y. man, who stands accused of firing multiple rounds into a crowd outside a South Main Street bar, merely stared at the court clerk.
One of the bullets allegedly fired by Battle on Oct. 13, 2013 struck and killed Michael Onley, 34, popularly known as DJ Mo. The Wilkes-Barre man’s autopsy showed he suffered a single gunshot wound to the head. Prosecutors say Battle opened fire after he had been thrown out of Outsiders bar by security.
When prompted again, Battle, 28, grew agitated, asking what the oath even was.
Now, it was the prosecutor’s turn to grow agitated.
“This is a baseless, meritless delay tactic,” Assistant District Attorney Jarrett Ferentino cut in, explaining to Luzerne County Judge David W. Lupas that Battle has been proclaiming himself a “sovereign citizen,” meaning he believes the nation’s laws do not apply to him.
“He’s a resident of this country, this planet, quite honestly,” Ferentino added.
During a preliminary hearing in December, Battle shouted out several times, making a proclamation that his name was actually “Rash Allah Lam” and that the nation’s laws do not apply to him.
Following Ferentino’s exasperated response on Monday, proceedings continued quietly without Battle, 28, as court-appointed defense attorney Allyson Kacmarski entered a not-guilty plea on her client’s behalf.
Arraignment of the man who allegedly drove the Mercedez Benz from which Battle opened fire proceeded without incident, meanwhile.
David Nealy, 37, of Kingston, faces the same charges as Battle. Nealy recited the oath and then stood quietly as his attorney, Thomas P. Sundmaker, spoke of his intent to enter a not guilty plea.
No date was set for further proceedings. Ferentino said prosecutors will seek to have the separate cases against Battle and Nealy consolidated.
Battle and Nealy were arrested in May after a federal inmate, Shakim Varick, allegedly made a statement implicating them in the crime.
Battle was arrested by U.S. Marshals in New York City without incident, but was not extradited to Pennsylvania until October. Nealy was already incarcerated at SCI-Frackville for unrelated drug charges.
