KANE — District Judge David Engman bound a single count of homicide against Bradford businessman Stephen D. Stidd to the McKean County Court of Common Pleas on Wednesday.
Stidd is accused in the shooting death of his former son-in-law, Melvin Bizzarro on Jan. 16, 2015. Bizzarro died of a single gunshot wound to the chest in the back parking lot of Togi’s Restaurant, allegedly after an argument with Stidd.
During a preliminary hearing Wednesday morning, defense attorneys Greg Henry and James P. Miller did not deny Stidd pulled the trigger that day, but they assert that the shooting was in self-defense.
The preliminary hearing was the second held for the incident. An initial hearing was held Feb. 24, 2015, when District Judge Dominic Cercone dismissed the charges, indicating that he agreed Stidd was trying to defend himself. At that time, the McKean County District Attorney’s Office was handling the prosecution.
The Pennsylvania Attorney General’s Office took over the case and refiled charges on April 18.
Three witnesses for the prosecution, which was led by senior deputy attorney general L. Todd Goodwin from the Attorney General’s Office, testified Wednesday. Henry announced at the start of the hearing that he had no intentions to call any witnesses to testify.
First to take the stand was Kevin Rhebergen, a food delivery man for Maplevale Farms who was in the parking lot at the time of the shooting. He described what he saw.
Rhebergen was aware that Stidd and Bizzarro were arguing but made a point of not listening, as he felt it was not his business, he testified. Rhebergen had limited sight of the pair while he was taking supplies down the ramp from his truck. At one point, he saw Stidd move back in an unnatural way, like “contact was made.” He thought Bizzarro perhaps pushed or hit him in some way, but Bizzarro was standing between him and Stidd, he said.
“I couldn’t tell what caused him to go backwards,” said Rhebergen. “I could just see it was not a natural movement.”
Rhebergen went back up the ramp into the truck, and “that’s when I heard the gunshot,” he said.
He went to see if Bizzarro needed medical attention when he realized he was on the ground. “That’s when I saw he had passed away,” said Rhebergen, explaining that Bizzarro had a gunshot wound in the center of his chest. “I believe I saw him take his last breath.”
Rhebergen watched Stidd put the small revolver he was holding in his pocket.
When he was questioned by the defense, Rhebergen recalled hearing Stidd warn Bizzarro prior to the shooting that he had a gun and Bizzarro should leave the parking lot.
Henry asked Rhebergen, “Did Mr. Stidd say to you that Mr. Bizzarro wouldn’t quit coming at him?”
“Yes,” Rhebergen answered, adding, “He was continually repeating that over and over.”
After the incident, Stidd “looked like he couldn’t believe this had just happened,” said Rhebergen.
After the shooting, Rhebergen saw that Stidd was bleeding from his forehead. Later in the hearing, he noted, “He wiped his forehead at least once or twice.”
At one point, Henry asked Rhebergen if, in his own judgment, he thought “Mr. Stidd would have been able to turn around and get away from Bizzarro?”
Goodwin objected to the question, saying that Rhebergen could only testify to what he observed, not to his opinion.
“The objection is sustained,” said Engman. “Move on, please.”
Next to testify was Lt. Steve Caskey of the Bradford City Police Department. Caskey recalled being dispatched to the rear of Togi’s for what was first reported as a fight, then a further dispatch indicated a gun had been fired. On scene, Caskey parked by the Maplevale truck to provide “some concealment and cover as I approached the scene.”
Caskey related that Stidd said, “I told him I had a weapon.”
When Caskey asked for the gun, Stidd pulled it out of his pocket and handed it over to Caskey.
During his testimony, Caskey explained that he put the gun in a locked compartment of a police vehicle and did not take it out until he handed it over to state troopers who were taking over the investigation. He was present when state police opened the gun.
Trooper Theodore Horner Jr., an employee with the state police Forensics Services Unit, testified last, talking about what was found in the gun.
A corporal opened the gun, and “I unloaded a live round and the casing that was inside,” said Horner, who said the letters M-E-L were inscribed in the lead.
“I asked what the deceased person, what his name was — at that time I didn’t even know his name — and somebody told me ‘Melvin Bizzarro,’” said Horner.
After testimony was finished, each attorney gave arguments to Engman.
Miller said the Rhebergen’s testimony suggests Stidd shot Bizzarro in self-defense, saying, “We would assert that it’s the Commonwealth’s burden to disprove self-defense.”
“Self-defense simply isn’t appropriate at a preliminary hearing,” was Goodwin’s response, and he explained it would up to the jury to consider the possible defense at trial. In the meantime, “The Commonwealth has established a prima facie case,” Goodwin asserted, saying there was “no doubt” Stidd shot Bizzarro, and “a bullet is inscribed with the decedent’s name.”
Henry then expanded on what Miller had said.
“As a result of evidence the Commonwealth has introduced, it’s obvious that self-defense is in play in the case,” said Henry.
According to Henry, it is then up to the Commonwealth to prove one of the elements beyond a reasonable doubt showing that deadly force was not justifiable, such as that Stidd was the aggressor, or that he had the ability to flee.
“I submit to you that they haven’t submitted to you one iota of evidence toward any of those prongs,” Henry said.
After the arguments were made, Engman bound the charge to McKean County court.
Stidd remains incarcerated in McKean County Jail without bail.
