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.