live_truck_image_station_ad
Newswatch 16 Live Streaming

NOW with Newswatch 16 replays!

Snow Thrower Shooting Case Sent to Trial

Posted on: 4:49 pm, January 22, 2014, by , updated on: 03:19pm, February 15, 2014

SWOYERSVILLE – Following a preliminary hearing in a packed district courtroom, a justice ruled that the case against a man accused of shooting and killing another man during a fight over a snow thrower should go to trial.

After he was led into a hearing using a cane, 39-year-old Brian Pavia of Plains Township remained silent during the hearing on the homicide charge.

Forty Fort police say Pavia shot and killed 38-year-old John Dulsky of Hanover Township a week before Christmas.

In a recording of a 911 call played at the hearing, Pavia can be heard telling a dispatcher that he shot a man because he was punched in the face during a fight over a snow thrower, and that he was “bleeding like a pig”.

Pavia could also be heard in the recording telling the dispatcher that he opened fire to defend himself, and that he would not check on the man that he had shot because he was afraid.

After listening to the recording, and testimony from a 911 dispatcher, an investigating officer and Luzerne County’s acting corner, the district judge decided that a jury should decide the case in county court.

“We have two individuals, one of whom was unarmed, got into an altercation and he was killed,” said Assistant District Attorney Jarrett Ferentino. “As the evidence we just put forth proved, it was an unlawful killing and it shouldn`t have happened.”

When Newswatch 16 asked Pavia about the circumstances of the deadly shooting, he said “I’m sorry, I can’t. I can’t say anything.”

The shooting victim’s sister told Newswatch 16 that both families are heartbroken.

“They weren’t there that night, like we weren’t. We weren’t there that night, only him and my brother. It’s going to be a long haul for all of us here,” said Regina Stier. “I don’t have any remorse for Mr. Pavia at this time, because his explanation is not good enough for me.”

Pavia is locked up without bail in the Luzerne County Jail.

5 comments

  • Grinch says:

    People should think before shooting off their mouths. Keep in mind that the other guy might just shoot off his gun.

  • Clark says:

    Pavia surely could have extricated himself w/o fatal gunfire.

  • Sundown says:

    While the ending to this story is truly tragic, but why were two “grown” men fighting over a snow blower? Prob because there may not have been a woman around to buffer the situation? This is all so senseless. I am all for self-defense and I don’t care against who, if someone is going down I will do everything in my power to make sure it ain’t me! however, I lived with in a house with all guys and things would often get out of hand, and I had the means to end things with a bullet, but I told them I would call the cops and toss their belongings out the door if they didn’t calm down. We had family members with volatile tempers,and their friends they would bring around weren’t much better…needless to say they don’t live here anymore and one is not even allowed on the property. The cops have a record of their behavior therefore our family and friends know all to well you don’t even raise your voice in this house never mind a fist..People are outta control.

  • Truly sad that you get hauled around in cuffs for defending yourself in this state.

    End the suppression of self defense.

    • Simone says:

      Such a sad, sad story! My heart breaks for his family. How many of us could find ourselves in this situation. What if God forbid we accidentally kill someone who ATTACKS us…we could find ourselves in jail too.

Talkback 16 Online Discussion:

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

live_truck_image_station_ad
Newswatch 16 Live Streaming

NOW with Newswatch 16 replays!