CLEARFIELD – The case against an off-duty police officer accused of a shooting at a DuBois business in February was discussed in court Wednesday.
Zachery Allen Dodson, 28, whose address is now listed as DuBois, was originally charged with four counts of aggravated assault, two felony counts of terroristic threats, two misdemeanor counts of recklessly endangering another person, and three misdemeanor counts of simple assault in relation to an incident on Feb. 19 just before 1 a.m. at Invictus.
After a preliminary hearing in March, specially presiding Senior District Judge Carmine W. Prestia from Centre County ruled to dismiss one count each of aggravated assault, criminal attempt/aggravated assault, terroristic threats and recklessly endangering another person.
In May, charges of felony aggravated assault and terroristic threats, along with two misdemeanor counts of simple assault were re-filed by District Attorney Ryan Sayers.
The district attorney’s office also filed a motion to assign a new district magistrate to hear the case.
Senior Judge Timothy Creany of Cambria County specially presided over the hearing on that motion later in May and granted it. Since that time, the case has been waiting for the state to appoint a new magistrate.
In court Wednesday, Creany announced that a judge, Senior Magistrate Douglas Chambers of Jefferson County has finally been assigned to the case.
But no date has yet been set for the preliminary hearing on the re-filed charges.
For more information on why a new judge was requested, click here.
The case was scheduled for court due to Dodson’s attorney, William A. Shaw Jr., filing a motion for discovery.
First Assistant District Attorney Leanne Nedza stated that she was waiting until after the second hearing to release the information to the defense.
“We didn’t think it would take this long” for the new judge, she said.
She handed Shaw a packet of information in court.
Nedza said that after the new preliminary hearing, if the charges are held to court, she will file a motion to consolidate the charges into one case.
She also mentioned that she has received details from the state police about Dodson’s employment with them and his firearm training.
Normally she would provide this to the defense, but she is not sure if this could be considered “sensitive” material that may require some parts to be redacted and then destroyed after the case is finished, she said.
Shaw responded that he was not aware of this and was not prepared to argue for access to it.
Creany said it might be best to wait until after that new hearing to discuss this information. Nedza stated she would file a motion to designate the material sensitive by Monday.
Creany noted that the commonwealth is required to continue to provide any other discovery. He gave Shaw 30 days after Aug. 21 to file any omnibus pre-trial motions.
During the hearing, Creany also pointed out that his term as a senior judge is ending in December.
Even if the preliminary hearing is scheduled very soon, Shaw stated he is not sure the case will be ready to go to trial by Dec. 31.
Creany said it is possible but suggested another status conference be set after the preliminary hearing in which they could discuss jury selection dates.
