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A state appellate court Thursday upheld a Luzerne County jury&rsquo;s verdict and life sentence for Roberto &ldquo;Ruthless&rdquo; Battle, who was convicted of first-degree murder in a drive-by shooting that killed a popular disc jockey in 2013.
				Battle, 31, of Brooklyn, N.Y., was charged with randomly shooting into a crowd outside the now shuttered Outsider&rsquo;s Bar on South Main Street in Wilkes-Barre on Oct. 13, 2013.
				Michael &ldquo;DJ Mo&rdquo; Onley died from a gunshot wound to the head.
				City police alleged Battle was kicked out of the bar for fighting inside the establishment and was seen by bouncers sitting on a silver Mercedes Benz.
				A co-defendant in the case, David &ldquo;D-Rock&rdquo; Nealy, 39, of Wilkes-Barre, left with Battle driving away in the Mercedes and arrived at a North Franklin Street residence where police alleged Battle retrieved a firearm.
				Nealy drove the vehicle on South Wilkes-Barre Boulevard where Battle discharged the firearm multiple times into the crowd, striking Onley.
				After a two week trial before Luzerne County Judge David W. Lupas, a jury on Dec. 12, 2018, convicted Battle and Nealy of first-degree murder and conspiracy to commit first-degree murder.
				Lupas sentenced the pair to life in prison with Battle receiving an additional 20-40 years in prison and Nealy getting 17-40 years on the conspiracy convictions.
				Battle appealed his conviction and sentences with the state Superior Court claiming assistant district attorneys, Jarrett Ferentino and Jill Sosnoski, failed to prove by sufficient evidence that he was the gunman.
				Ferentino and Sosnoski produced multiple witnesses whose testimony during the trial identified Battle as the gunman &mdash; including Nealy, who told jurors he did not know Battle was going to discharge a firearm into the crowd. Nealy testified he wished he drove Battle to the city police department instead of fleeing.
				A three-member panel of the Superior Court in an eight page opinion upheld Battle&rsquo;s conviction and sentence.
				&ldquo;Viewed in light most favorable to the Commonwealth as verdict winner, we conclude that the evidence was sufficient for the jury to convict (Battle) of first-degree murder. The evidence found credible by the jury established that (Onley) died as a result of the gunshot wound; (Battle) fired the bullet that killed (Onley); and (Battle) possessed the specific intent to kill as he used a deadly weapon to shoot (Onley) in the head, a vital part of his body,&rdquo; the appellate court opinion reads.
				Nealy is also appealing his conviction and sentence with the Superior Court he filed June 19.
				In the opinion that upheld Battle&rsquo;s conviction and sentence, the appellate court opined, &ldquo;(Battle) and Nealy entered into an implicit agreement by acting in concert to kill (Onley), with (Battle) as the shooter and Nealy as his driver.&rdquo;
				The Superior Court has not ruled on Nealy&rsquo;s appeal.

Appellate court upholds Luzerne County jury’s verdict in ‘DJ Mo’ killing