CLEARFIELD ? A Hawk Run man will stand trial for allegedly shooting and killing a 36-year-old Philipsburg man, Brett M. Bamat, on Oct. 30 at a Bass Lane residence in Morrisdale.
Dustin Tyler Thomas, 27, has been charged by Trooper Matthew Gray of the Clearfield-based state police with criminal homicide, F1; aggravated assault, F2; simple assault, M2; and recklessly endangering another person, M2.
All charges were held to court against Thomas following a preliminary hearing Wednesday before Magisterial District Judge Jerome Nevling at the Clearfield County Jail. Thomas is currently incarcerated at CCJ and has been denied bail.
District Attorney William A. Shaw Jr. presented the case on behalf of the commonwealth. Thomas was represented by defense attorney Stephanie Cooper, Esquire of Bellefonte.
Bamat?s sister-in-law testified and detailed the events that resulted in his shooting death. She arrived home to her trailer with Bamat around 5 p.m. Oct. 30; Thomas was already there doing work around her residence.
She described Thomas as being a close friend of her husband who is currently in prison. She told him he needed to leave, but Bamat wanted him to stay to help out. She said Bamat and Thomas worked outside while she was doing housework inside her home.
According to her, Bamat and Thomas came inside around dark. She was preparing to leave to go to her mother-in-law?s residence for dinner with Bamat. She said Thomas suggested she take him and Bamat to Sutton?s Bar. She declined.
She testified that Thomas was drinking whiskey and Bamat was drinking vodka. She wasn?t sure how much but didn?t believe that either Thomas or Bamat was intoxicated, and said they didn?t show signs of impairment.
She also said that Thomas is known to carry his gun in its holster on his side, and he had it on him on the night in question.
Around 8 p.m., she said her husband called from the Perry County Prison. She told him that Thomas and Bamat were there, and he said Thomas needed to leave.
She was holding her phone away from her ear, so that Thomas would overhear it. She said Thomas? face turned red and he started to cry; a short time later, Thomas pulled his gun out from its holster.
When Bamat asked him ?matter-of-factly? why he had his gun out, Thomas allegedly commented that ?it is my muscles.? She said Bamat told him if he wanted to fight, they could go outside and fight.
After that, she said the two men seemed to be friendly with each other again and the ?situation neutralized.? They went into the living room area, were discussing hunting and Bamat was showing Thomas a bow.
While Bamat had his back turned, she said Thomas pulled the gun from its holster again and put it behind his back. When Bamat turned back around, he asked Thomas why he was holding his gun behind his back.
She said Thomas put the gun back in its holster again, they started shoving each other and she told the two men to get outside. She was prepared to leave for dinner with Bamat, handed him bags of groceries and asked him to go to her car.
According to her, Bamat put the bags in her car but didn?t get in. He went back to the porch area and Thomas was standing there. She attempted to get Thomas to leave, and he became upset and was crying.
She said Thomas and Bamat started shoving each other again. While she stepped back inside briefly, she heard a gunshot. She went outside and Bamat was lying in a fetal position on the ground and Thomas was standing on the porch.
?He was emotionless,? she testified. Thomas walked away to his vehicle and she asked if he would help her tend to Bamat. ?He said nothing.? She heard a second gunshot come from the vehicle and went to Thomas asking for the gun.
She said Thomas wouldn?t give it to her and made the comment that he just wanted to go kill himself. She told him that wouldn?t change anything and at that point, he said he wanted to go home.
After Thomas drove away, she went back to her brother-in-law and found him lying in her yard lifeless. ?He was shot in his heart,? she said amid her tearful testimony.
She called Bamat?s mother to tell her that he?d been shot and then 911. She said she performed chest compressions on Bamat until emergency personnel arrived at the scene.
The defense stipulated to the contents of the death certificate. On Oct. 31, Chief Deputy Coroner Kim Shaffer-Snyder ruled the cause of death was a gunshot wound to the chest and the manner of death was a homicide.
The defense also stipulated to the contents of the affidavit. The affidavit states that Thomas was taken into custody at his Hawk Run residence, and state troopers found him in possession of a firearm.