Hempfield man convicted of killing Pitt student Alina Sheykhet withdraws appeal

The Hempfield man who pleaded guilty to brutally killing his ex-girlfriend at her apartment in Pittsburgh’s Oakland neighborhood in October 2017 withdrew his appeal request Tuesday.

After extensive questioning by both attorneys involved in the case, Allegheny County Common Pleas Judge Edward J. Borkowski allowed Matthew Darby, 25, to withdraw his petition for post-conviction relief.

By doing so, Darby will have no further appeal rights through the state court system.

“Your options and rights are being terminated,” Borkowski said.

Darby said he understood.

Darby pleaded guilty to breaking into the Cable Place apartment where University of Pittsburgh student Alina Sheykhet lived and killing her on Oct. 8, 2017. Her parents found her body that morning. He also pleaded guilty to assaulting a 17-year-old girl in Elizabeth and previously burglarizing Sheykhet’s home.

In exchange for pleading guilty to first-degree murder, Darby was spared a potential death sentence and would not be labeled a sex offender in the state prison system.

On Jan. 3, the state Superior Court said that Darby was entitled to a hearing on his claim of ineffective assistance of counsel, which he raised against his defense lawyer, Thomas N. Farrell.

Darby and his new lawyer, Joseph Hudak, argued that Farrell failed to properly explain what was happening in the case or do a proper risk analysis before Darby pleaded guilty.

Hudak claimed that Darby was guilty of third-degree murder, at worst. The defense attorney said he thought Darby could have been found guilty of voluntary manslaughter.

Both of those crimes would result in a lesser sentence than life imprisonment.

The state Superior Court said in January that Borkowski was required to at least hold a hearing on the issue.

But on Tuesday, as that hearing began, Hudak told the court that his client had changed his mind.

“Mr. Darby received extreme pressure from outside sources,” Hudak said.

“Your family has been greatly shamed by this incident?” Hudak asked his client.

Darby’s answer was inaudible.

Hudak then told the court that he believed Darby’s family would cut off financial benefits — such as paying money into his prison commissary account — if he proceeded with trying to withdraw his guilty plea.

When Hudak asked Darby to confirm his statement, Darby said to the judge, “Do I have to answer that?”

“No,” Borkowski replied. “His internal workings … it’s his thought process and his thought process alone. What’s going on between him and his family is a secondary or tertiary consideration.”

In continuing to question his client, Hudak said, “You will likely die in prison, are you understanding that?”

Deputy District Attorney Ron Wabby Jr. added, “All state relief will be foreclosed by this. This is his shot. There is no other option.”

It was then that Darby said he did want to move forward with the hearing.

Farrell was called to the stand to testify about his involvement with Darby’s plea more than three years ago.

“Mr. Darby called the shots,” Farrell said. “He told us what he wanted done.”

Farrell said Darby’s demands at the time included not wanting to testify or see any crime scene photos. His client also demanded that any plea agreement not include any sexual assault charges.

“Any sex crime whatsoever, everything was off,” Farrell testified. “Mr. Darby did not want any sex crimes on his jacket in prison.”

It was then that Darby interrupted, “Judge, am I allowed to speak at any time?”

When the hearing was stopped, Darby said, “I want to withdraw my (petition).”

After Wabby further explained that Darby was giving up his appellate rights, Borkowski accepted Darby’s decision to withdraw the petition.

After Darby was led from the courtroom, Borkowski spoke directly to Sheykhet’s family.

“I’m sorry the system has to unfold so tortuously for you as surviving family members,” he said. “Hopefully, this will end the matter.”

Attorney Robert Del Greco, who represents the Sheykhet family, said the case has gone on long enough.

“We are relieved that this matter now finally has been terminated, and Mr. Darby will now serve his sentence,” he said.

“We hope this is the end,” said Alina’s father, Yan Sheykhet. “We don’t want to come back to this court. We just want to be sure he’s going to stay where he’s supposed to be.”