CARLISLE, Pa. (WHTM) – A man sentenced to life in prison for a fatal shooting inside an American Legion post in 2016 will serve a much shorter term.
Robert “Rocky” Anderson, 42, was sentenced Monday to 6 to 12 years in prison after pleading no contest to third-degree murder in the shooting death of Daniel “DJ” Harris Jr. at the Haines Stackfield American Legion in Carlisle.
He must serve 10 years probation at the end of his prison term.
Anderson was convicted of first-degree murder and sentenced to life in February 2019, but Cumberland County Court of Common Pleas Judge Edward Guido in September vacated the conviction and sentence and ordered a new trial.
According to Guido’s opinion, Anderson’s filed a post-sentence motion for relief alleging prosecutors violated the Brady Rule, which requires prosecutors to turn over all evidence to defendants in criminal cases.
At trial, prosecutors told the jury that no deals had been offered for the testimony of a key witness, Michael Evans, who was arrested and jailed for a firearms violation a month after the fatal shooting.
Evans testified before a grand jury investigating the homicide, and at trial, that he saw Anderson come into the Legion at or around the time the shots were fired.
In June, the district attorney’s office dropped all charges against Evans, stating that he had “provided substantial assistance and truthful testimony” at Anderson’s trial.
Evans’ attorney told the court there had been an “implicit understanding” that it Evans testified at trial against Anderson, he would be given “favorable consideration.”
Guido wrote in his opinion that the Brady violation was not a harmless error because, without Evans’ testimony, the prosecution had no evidence that placed Anderson at the scene of the murder.
Cumberland County District Attorney Skip Ebert told ABC27 News that he’s satisfied with the sentence. He said there was no deliberate attempt to mislead the defense or jury.
Ebert said the minimum of 16 years served under court supervision will take Anderson into his later years when he’ll be less likely to be involved in crime.