McDonald files notice of appeal in bar shooting conviction

A Plymouth man convicted by a Luzerne County jury of voluntary manslaughter in a deadly shooting outside a sports bar in 2018 has filed an appeal notice with the Pennsylvania Superior Court.

Kyon Dane McDonald, 38, through his attorneys, Theron J. Solomon, Barry H. Dyller and Tara G. Giarratano, filed the notice of appeal earlier this week.

After the jury announced their verdict finding McDonald guilty of voluntary manslaughter following a week long trial before Judge David W. Lupas in October, Solomon and Dyller pledged to appeal the conviction.

Dyller stated there were several issues that could be appealed, including violations he claimed of McDonald’s speedy trial rights.

Several times before and during McDonald’s trial, Lupas denied requests by Dyller to dismiss the case citing Rule 600, known as the speedy trial rule.

McDonald was officially charged Sept. 28, 2018, a day after he was accused of fatally shooting Tierese Owens, 33, outside Robbie Nick’s Sports Bar in Plymouth.

Assistant district attorneys Drew McLaughlin and Susan Luckenbill sought a first-degree murder conviction arguing the fatal shooting was intentional as Owens was shot seven times.

McDonald’s attorneys moved for an acquittal saying McDonald shot Owens in self-defense.

Following the trial, Solomon called the jury’s verdict, “an imperfect self-defense.”

The filing of the notice of appeal protects McDonald’s appellate rights as he had 30 days to file an appeal from his January 4 sentencing.

Issues to be appealed will be filed at a later date.