CLEARFIELD – Two additional felony charges against an off-duty police officer who is accused of shooting a man at a nightclub in DuBois in February were held to court after a special preliminary hearing Thursday.
Zachery Allen Dodson, 28, was originally charged with two counts each of aggravated assault, criminal attempt-aggravated assault and terroristic threats, all felonies, as well as two misdemeanor counts of recklessly endangering another person, two misdemeanor counts of simple assault and misdemeanor criminal attempt-simple assault in relation to an incident on Feb. 19 just before 1 a.m. at Invictus.
When this occurred, Dodson was a police officer with the Curwensville Borough police, and he was also a deputy in the county sheriff’s office. He has since left both positions.
After a preliminary hearing in March, Senior District Judge Carmine W. Prestia, specially presiding, dismissed one count each of aggravated assault, criminal attempt-aggravated assault, terroristic threats and recklessly endangering another person.
In May, District Attorney Ryan Sayers decided to re-file the aggravated assault and terroristic threats charges and added two counts of simple assault. He also asked for a different judge to hear the case.
On Thursday, Senior District Judge Douglas Chambers of Jefferson County presided over a hearing on those offenses.
First Assistant District Attorney Leanne Nedza showed a video of the incident from the surveillance camera at the business and called both victims as witnesses.
Joseph Morrison of DuBois, owner of the business, testified that after he saw Dodson yelling on his phone and banging on the windows, he escorted him out of the business.
Later he came back in, still talking on his phone. Morrison and Ani Myrtaj, who had been there with Dodson, approached him. Myrtaj was trying to de-escalate the situation.
Morrison pointed to the exit and asked Dodson to leave again. He noted that it was loud in there due to music from the club and it was hard to hear Dodson.
As he approached Dodson, Dodson went for his gun.
Myrtaj stepped in, saying “no, no, no”, Morrison explained.
Morrison grabbed Dodson’s wrist and the gun went off, striking Myrtaj. Morrison was able to get Dodson to the ground, get the gun out of his hand and unloaded it. He then got Dodson outside on the ground while he waited for police.
He kept saying “you’re [expletive]. I’m a cop,” Morrison said.
During his cross examination, defense attorney William A. Shaw Jr., referred to the video, showing it frame by frame, pointing out that Dodson was talking with his phone in his right hand when he entered.
After Morrison moved toward him, Dodson backed up, switched his phone to his other hand and pulled his gun from his hip with his right hand.
Morrison grabs his wrist and puts his arm around Dodson’s left shoulder. They struggle as the gun goes off.
When Myrtaj testified, he admitted he does not remember everything clearly. He stated he saw Dodson come back in with a gun and he tried to talk with him.
“The last thing I remember is getting shot,” he said.
He explained prior to the incident, Dodson was at his residence with several other people who then decided to go to Invictus. He said he was aware Dodson had a gun because he told him he did while they were still at his house.
Nedza asked if this knowledge caused him any concern, and Myrtaj said it didn’t because he knew Dodson was a cop.
He got involved the first time Morrison and Dodson clashed, telling Morrison he was with him and then attempting to calm Dodson down outside.
When Dodson walked back in, Myrtaj started to approach him, by asking what he was doing before the gun went off.
After being shot, Myrtaj said he was in a lot of pain. The bullet went through his lip, broke some teeth and his jaws and left some fragments by his ear. He has a scar from his left ear to his throat from surgery performed at UPMC in Pittsburgh.
His jaw had to be wired shut causing him to lose over 25 pounds because he could only eat things through a straw. He still can’t open his mouth all the way, he said.
When asked how he felt when this happened, he said he was “traumatized” and had to stay home for two months, which led to depression.
In the original preliminary hearing, Myrtaj was not able to testify.
Cpl. Randy Young of the DuBois City police testified that police received multiple reports of gun shots, but he was a short distance away, arriving within 30 to 40 seconds.
When he pulled into the parking lot, people were running all through the lot, screaming and crying. Someone told him Morrison had the shooter pinned down.
Cpl. Matthew Robertson of the DuBois City police testified that he knew Dodson was in the state police and would have had training with firearms.
This training would include a manual that says an officer shouldn’t point a weapon unless they are going to use it, he said.
Shaw asked what Robertson would do if he were in the same situation as Dodson and if it would be appropriate to pull a firearm.
“No, he proceeded to lethal force” without an indication he was in danger of serious bodily harm, Robertson responded.
In his closing remarks, Shaw stated “this was an accidental discharge: a crime, but not aggravated assault.”
You have to have some element of malice, Shaw said, adding, “This is unfortunate, but it was an accident.”
Nedza reviewed the seriousness of Myrtaj’s injuries as he couldn’t eat regular food for five weeks.
“He (Dodson) pulled a loaded gun after consuming alcohol in a crowded place, which is at least reckless conduct.”
She argued for the felony terroristic threats charge saying the incident “caused people to flee” in fear.
In the end, Chambers ruled to send the charges of aggravated assault, terroristic threats and two counts of simple assault on to the court of common pleas for further disposition.
Dodson’s bail is this case was set at $25,000, unsecured while the original case has bail of $50,000, which was posted.
In a previous conference, Nedza had stated if the newer charges were sent on to the county court, she would file a motion to consolidate the two cases into one for further court actions.