CLOVER TWP., Pa. (EYT) – A Summerville woman is awaiting a preliminary hearing on attempted homicide and related charges stemming from an alleged domestic incident that occurred on Toadtown Road in Clover Township, Jefferson County.
Court documents indicate Punxsutawney-based state police filed criminal charges against 28-year-old Kimberly Opal Moats of Summerville.
According to a criminal complaint, around 9:19 p.m. March 9, state police were dispatched to 836 Toadtown Rd. for a report about a domestic situation, which resulted in a shooting. It was alleged that Kimberly Opal Moats fired a shot from a 30-30 caliber rifle at a known man while in their residence and then fled the scene on foot.
The complaint indicates that Moats returned to the residence and was taken into custody by members of PSP Clarion and Punxsutawney.
Around 9:50 p.m. March 9, the male victim was interviewed at the scene. He explained that he and Moats had been drinking and got into an argument regarding the care of her daughter.
The argument escalated in intensity to the point in which he and Moats were pushing and grabbing each other.
He was in the kitchen when Moats allegedly went into the living room and retrieved a 30-30 caliber rifle from behind the door. Moats allegedly leveled the rifle at her hip, commented to the effect that she was going to kill him, pointed it in his direction and pulled the trigger.
The bullet allegedly struck the kitchen door approximately one to two feet from his head. Moats allegedly loaded another round into the chamber, as he was yelling at her, asking why she would want to shoot him, the complaint indicates.
The victim allegedly stated that he pulled Moats backed into the living room and pushed her down onto the couch. The victim allegedly said he struck Moats in the head with his fist and pulled her back into the kitchen away from the gun, and then she fled out the door, the complaint continues.
During the interview, a Punxsutawney trooper asked the victim if Moats had ever shot or loaded this particular gun in the past. He told state police that she knew how to shoot this gun, as she used it to hunt deer this past season.
The victim also confirmed that Moats had fired the gun in the past and that she knew the gun was loaded, the complaint states.
The trooper examined the scene and noted a bullet hole in the door leading from the kitchen to the back porch. He also discovered an empty shell casing under the edge of the kitchen stove and a 30-30 caliber Winchester rifle on the coffee table in the living room along with three live rounds, the complaint indicates.
Trooper Patrick Berggren of PSP Clarion stated that he had rendered the rifle safe by removing three live rounds, one of which was in the chamber, the hammer was in the cocked position and the firearm is not equipped with a safety, the complaint states.
According to the complaint, around 10:12 p.m. March 12, Trooper Paige Pifer read Moats her Miranda warnings at the scene. Moats told Pifer that she and the victim got into a verbal argument around 6:30 p.m. regarding her daughter.
The argument escalated into physical contact, which included pushing on both parties. She said that the victim “struck her with both hands and drug her into the living room.” She said she was also kicked.
She told state police that she “retrieved the gun from behind the door in the living room and pointed it at the door to scare the victim …. Her finger was on the trigger, and she was shocked the gun went off.”
She estimated the victim was approximately six feet from the door where she pointed the gun. She “pulled the hammer up to see if there was another round in it (the gun).”
“Moats also informed Trooper Pifer that she got the gun because she was tired on getting beat,” the complaint continues.
Moats was arraigned at 12:05 p.m. March 10 on the following charges:
- Criminal Attempt – Criminal Homicide, Felony 1
- Aggravated Assault, Felony 1
- Aggravated Assault, Felony 2
- Simple Assault, Misdemeanor 2
- Recklessly Endangering Another Person, Misdemeanor 2
Unable to post $250,000 monetary bail, Moats was lodged in the Jefferson County Jail.
A preliminary hearing is scheduled for 9:30 a.m. May 10 in front of District Magisterial Judge Gregory M. Bazylak.
Read more at http://www.explorejeffersonpa.com/.