NORRISTOWN — A Philadelphia man is weighing whether to accept a plea deal that would have him serve at least 25 years in prison for fatally shooting his wife as they traveled in a vehicle in Rockledge after a party at which he allegedly claimed his wife “disrespected” him.
Jose Antonio Luna, 59, of the 4000 block of Vista Street, showed no visible reaction in Montgomery County Court on Tuesday, July 21, as Assistant District Attorney Kathleen Alane McLaughlin placed on the record the terms of a plea agreement that has been offered to Luna.
Under the potential plea agreement, Luna would plead guilty to charges of third-degree murder, person not to possess a firearm and possession of an instrument of crime for a total sentence of 25 to 50 years in prison in connection with the alleged Feb. 21, 2026, deadly domestic dispute.
“He is aware of the offer,” defense lawyer Joseph Todd Schultz informed Judge Wendy G. Rothstein, who is presiding over the case.
Schultz and co-defense lawyer Scott Frank Frame advised the judge they will discuss the offer at length with Luna.
Rothstein scheduled another status conference in the case for mid-August, at which time Luna is expected to inform the judge about his decision to accept or reject the plea agreement.
Jose Luna is escorted by a deputy sheriff from a Montgomery County courtroom after a pretrial hearing on July 21, 2026. (Photo by Carl Hessler Jr. – MediaNews Group)
Third-degree murder is a killing committed with malice, or hardness of heart, wickedness of disposition or recklessness of consequences. A conviction of third-degree murder is punishable by a maximum of 20 to 40 years in prison.
Under the proposed plea agreement, Luna would receive the maximum 20- to 40-year term for the murder charge and a consecutive 5- to 10-year term for the charge of person not to possess a firearm, for a total of 25 to 50 years imprisonment.
If he accepts the plea agreement, Luna would avoid a possible conviction of first-degree murder at a trial. First-degree murder is an intentional killing and is punishable by a mandatory life prison term.
Rothstein previously scheduled Luna’s jury trial to begin on Sept. 22.
Luna remains in the county jail without bail while awaiting trial.
The investigation began about 10:05 p.m. Feb. 21, 2026, when Rockledge police were dispatched to the area of Huntington Pike and Fillmore Street after a SEPTA bus driver used his emergency system to report a shooting at that location and provided a description of the shooter, according to authorities.
Arriving officers found the lifeless body of Alisett Schubert, 48, suffering from multiple gunshot wounds, lying outside a silver Nissan Murano that she had been driving, according to a criminal complaint filed by county Detective John Wittenberger and Rockledge Detective Mitchell Meed.
Schubert was transported to a local hospital where she was pronounced dead.
The SEPTA bus driver told detectives he was traveling southbound on Huntington Pike near Fillmore Street when he approached the silver Nissan Murano that was stopped in front of him and he heard two or three “pops.” The bus driver observed a male exit the front passenger seat of the vehicle and approach the driver’s side of the car.
The bus driver said the male opened the driver’s side door and the female driver ‘slouched’ outside of the vehicle. At that time, the bus driver noticed the male had a gun, believed to be a revolver, in his right hand, according to court papers.
The bus driver reported the male walked away from the scene.
Luna was taken into custody about a mile away by Philadelphia police, who heard a description of the shooter broadcast over police radio, in the 1200 block of Rhawn Street.
“The male, later identified as Luna, was walking and talking on his cellphone. As officers stopped Luna, he turned around, pulled out a gun and put it up to his head,” Wittenberger and Meed alleged in the arrest affidavit.
Luna attempted to shoot himself twice, but officers heard the firearm make a clicking sound and realized it was out of ammunition, so they moved toward Luna, court documents indicate.
“Luna eventually dropped the gun and proceeded to get on the ground,” Wittenberger and Meed alleged.
A .38-caliber revolver Luna possessed had five spent shell casings inside and detectives determined the gun was registered to Schubert.
Jose Luna is escorted by a deputy sheriff to a pretrial hearing in Montgomery County Court on July 21, 2026. (Photo by Carl Hessler Jr. – MediaNews Group)
During an interview by detectives, Luna admitted to shooting his wife. Luna claimed he and his wife had been at a party earlier in the day and that he became angry at her because she “disrespected him in front of others,” according to the arrest affidavit.
“Luna told detectives that he had slapped his wife in the back of her neck when he felt disrespected. Luna stated he remained angry with her until they departed the party in the Nissan Murano,” Wittenberger and Meed alleged.
According to Luna’s statement to detectives, Schubert was driving the vehicle, with her purse resting on her right side, and Luna was in the passenger seat. Luna allegedly knew that his wife kept a revolver in her purse.
“The two started arguing and Schubert stopped the car in the traffic lane and told Luna to get out of the vehicle and walk home,” detectives alleged.
Luna told detectives the pair wrestled over the purse and he took possession of it and placed it on the floor next to his feet.
“Luna explained that he opened the purse and saw the handgun. Luna stated his wife attempted to take the purse back when Luna pulled the revolver from the purse and shot his wife one time,” Wittenberger and Meed alleged.
Luna stated his wife yelled, “Oh my God,” and attempted to exit the vehicle.
Luna allegedly told detectives he shot his wife “four more times” and believed he had one round left in the handgun so he could shoot himself later.
During the investigation, a friend of Schubert told detectives that Schubert had confided in her that she had suffered physical, mental and verbal abuse from Luna in the past. The friend told detectives that she previously witnessed Luna punch Schubert in the face, according to court documents.
In court documents, detectives alleged Luna had an extensive criminal history, including arrests for robbery, burglary and grand theft.
“He was also arrested numerous times for illegal entry into the United States and re-entry after deportation,” detectives alleged.
With the charges, detectives alleged Luna was prohibited from possessing a firearm due to his previous criminal history.