Charges changed to shooting | News, Sports, Work

HOLLYDAYSBURG. One of two suspects allegedly involved in a drug-related shooting in which a male victim was shot in the mouth has been charged with attempted murder.

During a preliminary hearing Friday in Blair County Central Court, James Alvin Cain Jr., 38, was also charged with purchase of a controlled substance, amended to a conspiracy charge. The remaining two counts of aggravated assault, one count of criminal trespass, three counts of simple assault, and one count of loitering and loitering at night, were referred to the court.

Kane and Benjamin Merritts, 27, both of Altoona, were charged Aug. 18 after the Aug. 17 shooting at an apartment building in the 1300 block of North Fourth Avenue. Police said the victim was shot in the mouth and two shots went into his backpack.

He was treated at UPMC Altoona before being transferred to surgery at UPMC Pittsburgh. As a result of the shooting, the 46-year-old victim suffered a dislocated jaw and lost a lot of blood, according to the report.

Merritts told police he went to the residence to get drugs, and when the deal went wrong, he became upset and shot the victim three or four times. He and Kane then fled the property in separate directions, with Merritts discarding the gun near the storage room.

A person who previously worked for the landlord of the apartment building was called as the first witness during the previous hearing. He testified that he was in the basement of the building when he heard a “commotion” upstairs and then a crack that sounded like gunshots. When he went to investigate, he saw the victim bleeding from the side of the face, the witness said.

The witness said that the apartment in which the shooting allegedly took place, apartment seven, was under renovation and no one should have been inside. He also explained that he did not physically see the victim, Merritts or Kane leaving apartment number seven, but he did see Merritts and Kane running from the scene.

Detective Michael Ford of the Altoona Police Department said the scene was “pretty chaotic” when he arrived and when he entered Apartment 7, he saw “a pool of blood and a shell casing.” During the investigation, Ford said he learned the victim was inside the apartment with a backpack that showed evidence of absorbing two gunshots.

Kane’s attorney, Terry Despoy, argued that there was no evidence that Kane left the apartment, there was “absolutely nothing to connect him to Merritts shooting the victim,” and there was no evidence that Kane assaulted anyone. . He asked District Judge Daniel S. DeAntonio to dismiss all charges.

Despoy also asked the court to reduce his client’s $500,000 bond to 10 percent of $100,000, saying Kane was not a flight risk and had a job to do.

“His level of involvement was very minimal, if any,” Despoy said.

Although DeAntonio dismissed the attempted murder charge and amended the other charge, he denied the bail request, citing Kane’s previous warrants for violating parole.

“My main concern is that he’s not going to show up,” DeAntonio said.

The Merritts’ attorney, John Seaford, asked that the felony counts of trespassing and carrying a firearm without a license be dismissed, as well as the misdemeanors of possession of an instrument of crime and possession of a controlled substance due to a lack of evidence. He left the rest of the charges up to DeAntonio.

DeAntonio denied Seaford’s request and took all of the Merritts’ allegations to trial. Merritts is charged with one count of attempted murder, two counts of aggravated assault, criminal trespass, receiving stolen property, and unlawful possession of a firearm. and carrying a firearm without a license, as well as three felonies of simple assault, possession of an instrument of crime with intent, possession of a weapon and possession of a controlled substance. He was placed in the Blair County Jail on $750,000 bail.

Others face charges

During a hearing in the Kane and Merritts’ cases, Blair County District Attorney Pete Weeks asked Ford if officers had a problem with unauthorized persons entering Apartment 7, to which Ford said they had been shown that people “entered despite the recording crime scene”. »

Ford said police found Tyrone residents Kyle Douglas Brown, 33, William Frederick Fritz III, 36, and Kayla Marie Smith, 32, in the surrounded apartment. They were taken outside. When Fritz was searched, officers found a glass smoking device, Ford said, and Smith had a syringe with a cap.

“They all had drug paraphernalia on them,” Ford said. “And they shouldn’t have been there.”

Ford said Smith told officers she went into the apartment to retrieve a backpack. An additional backpack was not found during a search of the premises, Ford said.

The three were charged with one count of conspiracy to commit burglary, burglary and criminal trespass, tampering or fabricating evidence and possession of drug paraphernalia. They were then booked into the Blair County Jail on $15,000 bond each.

Altoona Police Detective Adrianna Lucas was also called as a witness and said she helped secure the scene. Lucas said a scale with white residue was found in the apartment’s kitchen, along with an envelope filled with green zip-lock bags.

When asked by Fritz’s attorney, Scott Pletcher, if the scene was disturbed, Lucas said there were bloody boot prints and one of the officers was instructed to look at all the other officers’ shoes. Pletcher then asked if crime scene tape in the driveway would be enough of a deterrent for civilians to stay out of the apartment.

“I think it depends on the person,” Lucas said. “I’ve seen people go completely around the police tape.”

Smith’s attorney, Kristen Anastasi, asked Lucas how long Smith was in the apartment and if she had taken anything, to which Lucas said about 30 seconds, and police only found the syringe when they searched Smith.

During his closing arguments, Anastasi said only the drug charge had evidence and asked that the others be dropped. Pletcher agreed, saying Anastasi’s arguments were “almost entirely about Fritz.”

DeAntonio dismissed the felony conspiracy and burglary charges against Smith and Fritz. He also granted a request to change their 10% from a $15,000 cash bond to $15,000 unsecured.

Brown, represented by attorney Robert Donaldson, waived his right to a preliminary hearing, taking the charges against him to common pleas court. Failing to post 10% of $15,000 bail, he was sent to the Blair County Jail.