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Jury Trial Postponed For Teen Charged With Killing Dontae McKenith

PITTSBURGH (KDKA) - Family members and activists continue to push for harsher punishment for a teenager accused in the death of 18-year-old Dontae McKenith.

"I'm just outraged," said Marie McBride, Dontae McKenith's mother.

McBride feels like justice is not being served for her son who was shot and killed in McKeesport in July 2021. His family is pushing for tougher punishment for Phillip Payne, the teen who was 16 when he was arrested in connection to the shooting.

Take Action Mon Valley, an anti-violence and anti-racism nonprofit, showed support for McKenith's family during a status conference in a courtroom in the Allegheny County Courthouse Monday morning. They left disappointed because the case was postponed at the request of defense counsel. The District Attorney's Office said the new date is May 12.

"I have to sit here and wait to figure out what's going to happen and being uncertain and not having a clear view as to what's going to happen. This boy could potentially get off with killing my son," McBride said.

Police said in July 2021 they found evidence that the two were handling a handgun when Payne pointed it at McKenith and shot him. They said Payne ran from the scene and later turned himself in.

A homicide charge against Payne was withdrawn in August 2021. The DA's office said the charges Payne is still facing include third degree murder, involuntary manslaughter and two firearms violations.

McKenith's loved ones and activists believe the case is being overlooked because of race. They said they fear Payne will do little time.

"They need to look at the gun charge, they need to make sure they are advocating for the victim. Dontae is the victim but there is a lot of concern for Philip, saying 'it's an accident' and 'we want to give him three months to think about it.' But he's alive out on house arrest and Dontae is dead," Take Action Mon Valley CEO Fawn Walker-Montgomery said.

Their hope is that the case will move in a different direction.

"If this does go to a jury trial, instead of a non-jury trial, I want them to go back and review the evidence, requestion everyone," McBride said.

"This is not justice. We will keep saying that from the mountain tops. We still need people to call the DA, county police, and DA's office needs to listen to the family here," said Walker-Montgomery.

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