CLEARFIELD – A jury deliberated for approximately three hours and 38 minutes Thursday afternoon before finding a Hawk Run man guilty of shooting and killing another man in October of last year.
Dustin Tyler Thomas, 28, was found guilty of first-degree murder, aggravated assault, simple assault and recklessly endangering another person.
Thomas will now serve a mandatory life sentence without the possibility of parole, according to Clearfield County District Attorney William A. Shaw Jr.
Shaw presented the case on behalf of the commonwealth. Thomas was represented by defense attorneys Stephanie Cooper and Alison Glunt of Bellefonte.
The charges stemmed from the shooting death of Brett M. Bamat, 36, of Philipsburg on the night of Oct. 30, 2017 at a Bass Lane residence in Morrisdale.
According to previous trial testimony from Bamat’s sister-in-law, Valerie, Thomas was helping out with chores and projects around her trailer that night.
She also said Thomas had been drinking peach-flavored Bird Dog whiskey and Bamat had been drinking vodka mixed with sweet tea.
At around 8 p.m., her husband called from the Perry County Prison, and at his request, she asked Thomas to leave. She said Thomas became very distraught and began to cry.
A short time later, Thomas pulled his gun out from its holster. She said when Bamat asked him why he had his gun out, Thomas commented that “it is my muscle.” 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 things went back to normal. They went into the living room area, were discussing hunting and Bamat was showing Thomas a crossbow.
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. Bamat took food to her car for dinner at his mother’s but came back to the porch area.
She said Thomas and Bamat started shoving each other again and she got backed into a corner on the porch. 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 with his gun in its holster on his side.
She said Thomas, who was emotionless, walked back to his Jeep and eventually drove away. She called her mother-in-law, Patricia Lynn, and then 911. She performed chest compressions on Bamat until the first trooper arrived on scene.
Thomas took the witness stand in his own defense Wednesday afternoon. He said he had smoked marijuana and then gone to buy the bottle of Bird Dog whiskey, which was a “bad choice.”
Thomas remembered being at Valerie Bamat’s residence helping with chores and drinking around the fire. He was drinking from the bottle but wasn’t sure how much he’d drunk.
The next thing Thomas said he remembered was bright lights coming at him in his Jeep and waking up with guards around him at the county jail.
He said that he carried his handgun for “self-defense,” but it wasn’t typical for him to get it out of his holster. He told members of the jury that he never intended to kill Bamat.
“That’s not me,” he testified. “I don’t know how anyone could do that.” He said when Cpl. Matthew Gray told him what he’d done, he felt horrible and in disbelief. “I couldn’t believe it when he told me I did it.”
Under cross-examination, Shaw asked Thomas if it’s self-defense to get drunk and shoot an unarmed man. Thomas said, “no.”
Shaw then asked Thomas if he felt he should be held responsible for shooting and killing Bamat. Thomas initially answered, “no,” but then asked Shaw to repeat his question. This time Bamat said “yes” and “that’s what generally happens.”
In her closing, Cooper referenced Bamat’s shooting death as a “tragic accident.” She said it wouldn’t have taken much skill for Thomas to hit Bamat because he was close to his target.
She said the defense’s expert toxicologist estimated Thomas’ blood alcohol content level would have been .296 percent at 8:30 p.m. when he shot and killed Bamat.
Cooper said that Thomas was so “overwhelmed” by the Bird Dog whiskey, he wouldn’t have been able to form the specific intent to kill.
If anything, she said involuntary manslaughter fits the situation the best and she told jurors that it would still allow them to hold Thomas responsible for his actions.
Shaw countered, arguing that Thomas made the choice to put the gun on his hip, smoke marijuana and then to drink Bird Dog whiskey.
He said he also made the choice to go to the Bamat residence, despite knowing he wasn’t supposed to be there.
“As a consequence, Brett Bamat is dead,” Shaw said. “He scored a direct hit; he shot him right in the heart. You only shoot someone in the heart if you intend on killing them.”
He said Thomas was fully aware of the situation because he had suicidal ideations and he knew to flee the scene. He said he cried in police custody because he knew he’d be arrested for murder.
Now, Shaw said Thomas wanted to claim in court that he got so drunk he can’t remember what happened that night. He said if Thomas can’t remember, why did he tell the investigating trooper that “Brett was dead and it’s my fault.”
He said Thomas showed absolutely no emotion or remorse during his testimony and compared him to a “statue.” He said Thomas wanted jurors to excuse him from murder and he asked them not to.
Shaw said he was very pleased with the verdict in a media interview following the trial. He said, “… You can’t arm yourself with a gun, go out and get drunk, then shoot people.
“And then, you can’t expect to be excused from that crime. You have an absolute right to put that gun on, but when you carry a gun, you have the corresponding responsibility to do so responsibly.
“Unfortunately, that just isn’t what happened here.”