Dylan Christopher Killian, 19, Houtzdale was originally charged with aggravated assault and simple assault in relation to an incident in Houtzdale on April 1, 2011. Last month he pleaded guilty to simple assault and was to receive a probation only sentence before his victim addressed the court. The victim asked Judge Paul Cherry how an assault that cost him an eye could be classified as simple assault.
At that time, District Attorney William A. Shaw Jr. defended the plea offer by explaining it was a mutual fight. Shaw stated that Wojtowich was told not to go to Killian’s house, but he did and while there threatened Killian. Cherry continued the case to allow him to review the situation.
On Tuesday, Cherry decided to accept the plea, sentencing Killian to one year probation for simple assault. He was fined $300 plus costs and ordered to pay restitution of over $5,900. Killian must complete anger management counseling and 100 hours of community service.
According to the affidavit of probable cause, Killian told police that he called Wojtowich who he heard was making threats, to tell him to stay away from his family. The victim later accosted Killian and tried to hit him. Killian said he ducked and then hit the Wojtowich with a right uppercut. After he fell, Killian admitted he got on top of him and struck him eight to 10 times with his elbow.