CLEARFIELD – A former area police officer accused of shooting a man at a nightclub in DuBois in February 2023 signed a plea agreement on Wednesday.
Zachery Allen Dodson, 28, DuBois, has agreed to plead guilty to aggravated assault-causing bodily injury and terroristic threats, both felonies, and one misdemeanor count of recklessly endangering another person, according to District Attorney Ryan Sayers.
Both the victim and the arresting officer, Cpl. Matthew Robertson, are satisfied with this outcome, he said. The victim has moved from the area and now wants to put the incident behind him.
This conviction achieves three things, Sayers explained. Dodson will serve time for the crimes, which will prevent him from ever being a police officer again and keep him from possessing firearms.
This is an open plea, leaving the sentence to specially presiding Senior Judge Patrick Kiniry of Cambria County.
The minimum for the assault charge alone is nine months, Sayers said. Dodson is scheduled to be sentenced on Feb. 14 at 10:30 a.m. Prior to the agreement, Dodson was scheduled to go to trial in March.
Dodson 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, 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.
After that hearing in August, Senior District Judge Douglas Chambers of Jefferson County 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 is currently free after posting bail of $50,000 in the first case, and $25,000, unsecured in the second, according to online court documents.
During both preliminary hearings, a video of the incident was shown.
In the August hearing, 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 grabbed his wrist and put his arm around Dodson’s left shoulder. They struggled 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.
First Assistant District Attorney Leanne 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.