A Bucks County Common Pleas judge denied motions for acquittal filed by two of the men convicted in the 2011 murder of Levittown musician Danny DeGennaro.
Breon Powell, 22, and Kazair Gist, 20, who both filed the motions for post-sentencing acquittals, were convicted in October of killing DeGennaro. They claimed that the weight and sufficiency of the evidence against them was contradictory to the jury’s verdict. They asked that Judge Rea Boylan set aside the verdict. Neither Matt Weintraub, the district attorney’s chief of prosecution, nor defense attorneys for Powell and Gist argued over the motions.
“We will rely on the record that’s before you,” Weintraub said, referring to the court testimony.
The motions claimed that there was not enough evidence to convict them, nor was the evidence enough to convict them when considered against evidence that spoke to their innocence.
Tatyana Henderson and Danasia Bakr, who were with Powell, Gist and Jermaine Jackson the night of the murder, pleaded guilty and later testified at each man’s trial. The women said the plan was to “get money” from DeGennaro, whom Jackson claimed owed him money. The women said Powell and Gist both fired gunshots during the botched robbery at DeGennaro’s home on Crabtree Drive in Bristol Township on Dec. 28, 2011.
Powell and Jackson received life sentences. Gist was sentenced to 52 to 104 years in prison, and Henderson two years in county prison followed by five years of probation. The case against Bakr, the first to come forward to police, was transferred to juvenile court and she was sent to a juvenile detention center, where she could remain until her 21st birthday.
After issuing the ruling Thursday, Boylan signed off on an agreement in which Powell and Gist would split the prosecution’s $13,175.22 cost for a DNA expert’s testimony, according to Powell’s defense attorney, Cliff Bidlingmaier. Each man will owe the commonwealth $6,587.61, according to the agreement