Man accused of killing Mogie's owner remains in state hospital with no date to resume trial

The man accused of killing the owner of Mogie’s Irish Pub in Lower Burrell remains confined to Torrance State Hospital in Derry and, in the view of a Westmoreland County judge, unable to stand trial.

Nathan Salem, 46, of Lower Burrell has been in custody without bond since Dec. 21, 2023, when he was charged with criminal homicide and first-degree murder in the shooting death of David “Mogie” Magill outside his bar and restaurant along Leechburg Road.

According to police, Salem drove to Lower Burrell City Hall just minutes after the shooting and confessed.

Westmoreland County Common Pleas Judge Scott Mears halted criminal proceedings and ordered Salem hospitalized in June after experts testified the defendant was suffering from delusions and hallucinations.

Robert Wettstein, a psychologist hired by the defense, claimed Salem had “lost touch with reality,” and attorney Daniel Joseph contended Salem had been unable to assist in preparation for the trial.

Mears ordered Salem to continue his treatment in November and again in February.

Attorney Duke George, who works with Joseph, said Wednesday that Salem is “still trying to get some sort of recovery, but he’s not really competent to do anything at this point in time.”

Neither attorney knew how long Salem would remain at Torrance.

Defendants who are ruled incompetent seldom recover to the point where they can be tried, according to Bruce Antkowiak, who teaches criminal law at Saint Vincent College.

“History will show you that’s a fairly steep hurdle,” he said.

In rare instances, cases have been discarded because the accused won’t ever be able to grasp their charges or contribute to their defense, the primary litmus tests for competence.

Mears or any judge who oversees Salem’s case will get the final say on when, if ever, the trial can resume.

Judges, though, often act with “considerable deference” to psychiatric professionals, Antkowiak said.