YORK COUNTY, Pa. — Prosecutors have dropped plans to seek the death penalty against a man accused of killing a man and wounding a woman when he opened fire inside a movie theater in York County almost three years ago.
On Dec. 2, 2019, around 10:15 p.m., police responded to the Regal Cinemas in West Manchester Township for a reported shooting.
At the scene, police found two victims, a man, and a woman who had been shot.
The man, identified as Andre White Jr., 22, of Carlisle died at York Hospital.
Anu-Malik Johnson, 23, is facing charges of first- and third-degree murder, aggravated assault, reckless endangering and related offenses in connection to the shooting of White.
Another man, 21-year-old Jalen Bellaflores is charged with hindering apprehension, obstruction of justice and evidence-tampering. He was initially charged with homicide but prosecutors later withdrew the charge, saying the police investigation didn’t support it.
Officials say witnesses told them White briefly spoke with the defendants as he headed to his seat. Authorities allege that White and Bellaflores moved to different seats, and Bellaflores later headed toward the exit while Johnson approached the seated victim and shot him.
Police say a female bystander was shot in the face as the gunmen fled.
On March 16, 2020, the York County District Attorney's Office filed a notice of intention to seek the death penalty.
York County prosecutors said in court documents at the time that capital punishment would be warranted if Johnson is convicted of first-degree murder because they allege he knowingly created a grave risk of death to another person by his actions.
In September 2020, Common Pleas Judge Craig Trebilcock declined to bar prosecutors from seeking the death penalty, rejecting arguments that prosecutors lacked enough evidence to seek capital punishment and should be barred from doing so due to the defendant’s age.
On Oct. 11, 2022, however, the York County District Attorney's Office filed a motion with the court to withdraw the Commonwealth's notice of intention to seek the death penalty, which was granted the same day according to court documents.
Trail dates for neither Johnson nor Bellaflores have been set.
