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ADA: York City killing was manslaughter, not murder
A York man who said he shot another in self-defense must go to state prison for his crimes, which don't include murder.
Andrew Gene Holloway Jr. has maintained since the fatal June 16 shooting that he fired in self-defense when he killed Davonne Swan in the south end of York City.
"He was in fear because there had been an ongoing feud between these two," defense attorney Korey Leslie said.
Chief deputy prosecutor David Maisch said Holloway is still guilty of voluntary manslaughter because "there were opportunities he didn't take" to defuse the situation without pulling his illegal gun and firing.
They included running away and waiting to see if Swan was actually going to pull his gun first, he confirmed. Maisch said Holloway also could have gone to police before the ongoing feud turned deadly.
Holloway, 30, was sentenced Thursday to six to 15 years in prison after pleading guilty to voluntary manslaughter, being a convicted felon in illegal possession of a firearm and carrying a firearm without a license.
"On that day, they had some type of confrontation, whether verbal or otherwise, and Davonne Swan made a statement he was going to kill (Holloway)," Leslie said. "Swan left the area and a short time later came running up on Andrew. He had a gun on his right hip, and before he had a chance to pull the gun out, Andrew pulled his weapon and shot him."
'Obvious provocation': Leslie acknowledged it's a case of imperfect self-defense, since Swan never pulled his gun.
"But there was obvious provocation there, and that's the definition of voluntary manslaughter," he said.
Maisch noted the fatal shooting didn't happen in Holloway's home or on his property, it happened on a public street.
He also said the York County District Attorney's Office didn't rely on Holloway's version of events — that a full investigation and the statements of eyewitnesses also confirmed the case was more in line with manslaughter than murder.
Maisch was unable to say what the feud, or "beef," was about.
"There are several different theories as to why it happened, but nothing definitive as to why the confrontation occurred," he said.
The background: Swan, 27, of Hickory Drive in East Manchester Township, was fatally shot about 6:20 p.m. June 16 near the intersection of East Maple Street and South Court Avenue.
The two men, who were acquaintances, agreed to meet in the area to fight, according to Lt. Troy Bankert, who supervises the York City detective bureau.
"There was a disagreement, and there was going to be a fight," he said. "The fight turned into a shooting, and the suspect won."
Swan suffered multiple gunshot wounds to his torso, police have said. He was pronounced dead at the scene.
— Reach Liz Evans Scolforo at email@example.com or on Twitter at @LizScolforoYD.