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A state appellate court Tuesday upheld the first-degree murder conviction of David Andrew Nealy, 39, who is serving life in prison for his role in the fatal shooting of a popular disc jockey in 2013.
				Nealy, formerly of Kingston, appealed the Dec. 17, 2018, verdict by a Luzerne County jury claiming the weight of the evidence was insufficient to find him guilty of first-degree murder and criminal conspiracy to commit first-degree murder.
				Nealy was the driver of a Mercedes as it sped passed Outsiders Bar on South Main Street, Wilkes-Barre, where Roberto Battle, 31, fired multiple rounds at the tavern, striking Michael Onley, known as DJ Mo, once in the head.
				Onley died at the scene.
				Battle and Nealy were inside the tavern but Battle was kicked out for fighting.
				During the trial, assistant district attorneys Jarrett Ferentino and Jillian Sosnoski told jurors after Battle was evicted from the tavern, Battle and Nealy drove to a residence on North Franklin Street where Battle retrieved a handgun.
				Nealy and Battle then returned to Outsiders Bar driving on South Pennsylvania Avenue where Battle discharged multiple rounds as they sped by, prosecutors told jurors.
				The jury deliberated for nearly 90 minutes before convicting Battle and Nealy of the charges. Battle was sentenced to life in prison on the murder conviction plus 40 years on the conspiracy charge.
				Nealy testified in his own defense during the trial telling jurors he did not know Battle was going to discharge a firearm until he did.
				In his appeal, Nealy claimed prosecutors, &ldquo;Failed to present sufficient evidence from which the jury could conclude beyond a reasonable doubt that the killing was committed with deliberation and premeditation.&rdquo;
				Nealy believes his conviction was based on &ldquo;circumstantial evidence&rdquo; and Battle did not intend to kill anyone.
				After the fatal shooting, prosecutors said Battle bragged about killing a person at Outsiders.
				In a 14 page opinion, the Superior Court denied Nealy&rsquo;s appeal, calling his claims, &ldquo;without merit.&rdquo;
				&ldquo;Because our review of the record supports the trial court&rsquo;s conclusion that his sufficiency and weight challenges do not entitle him to relief, we affirm Nealy&rsquo;s judgment of sentence,&rdquo; a three member panel of the Superior Court ruled.

Appellate court upholds conviction in 2013 fatal shooting