DUBOIS – Some previously-dismissed charges have been refiled against the off-duty police officer arrested following a Feb. 19 shooting incident at a DuBois nightclub, the Clearfield County District Attorney’s office confirmed Monday.
Zachery Allen Dodson, 27, was charged Monday by DuBois City police with felony aggravated assault and terroristic threats, plus two counts of misdemeanor simple assault.
Senior District Judge Carmine W. Prestia Jr. had previously dismissed the felony assault and terroristic threats charges following a preliminary hearing March 23.
A preliminary hearing in the new criminal matter has been scheduled for 10 a.m. May 19 in Courtroom No. 1 with Prestia specially presiding.
The shooting at Invictus nightclub on DuBois Street occurred at 12:43 a.m. Feb. 19, according to the affidavit of probable cause.
When police arrived, the owner had Dodson “pinned to the ground” and had taken his weapon. He was immediately taken into custody.
Dodson was a police officer with the Curwensville Borough police and a deputy with the Clearfield County Sheriff’s office at the time of the incident.
Preliminary hearing testimony from the owner, Joseph Morrison of Invictus, revealed that Dodson was pushing then pounding on windows when he noticed him that night. Dodson was also yelling.
Morrison said he asked him to leave and escorted him out. It was noted that Dodson was dropped off at the business and did not have a vehicle in the parking lot.
Another man, Ani Myrtaj got between them and told Morrison he was “handling it.”
Several minutes later, Dodson returned and Morrison advised him that he was not coming back inside, and told him to leave. At this point, Dodson started backing up and reached for a gun.
Morrison said Myrtaj saw the gun first and started waving his arms.
After Myrtaj went toward Dodson, Morrison said he was able to grab Dodson’s right wrist and shoulder in an effort to get him down.
Then, the gun went off, Morrison said, but he wasn’t sure whether or not it was accidental but at the time, he thought Dodson was attempting to shoot him.
Morrison pinned him down, took the gun and removed the magazine and a round from it. He then took Dodson outside where he kept him until police arrived.
After officers arrived on the scene, Morrison went back inside and realized Myrtaj had been hit.
Cpl. Matthew Robertson of the DuBois City police testified that the victim’s jaw had to be wired shut and he had bone fractures in his skull.
He said Dodson’s blood alcohol content was 0.17 percent when he was tested later.
As of April 26, police said Myrtaj was still unable to open his jaw more than one inch.; any further reportedly causes him pain and discomfort. Additionally, he can only eat “soft” foods that require very little pressure to chew.
“The jaw bones are still too fragile to place such pressure on,” states the affidavit filed Monday. “If he were to chew hard foods, he could undo healing and corrective steps that have taken place and cause further damage.”
Myrtaj also has bullet fragments that surgeons were unable to remove during surgery due to their close proximity to blood vessels, and they may be the cause for his inability to fully open his jaw, police said.
“He may need another surgery to correct this defect, if correction is even possible.”
Since the shooting, Myrtaj struggles with visual and balance issues when he sits up after lying down. These issues usually dissipate after a few months but reportedly still “plague” the victim.
Dodson’s bail, which he had been denied previously, was set at $50,000 at the March 23 preliminary hearing. Online court documents indicate he posted bail March 27.