Attorneys for Bradford businessman Stephen Stidd have filed a lengthy notice with McKean County Court seeking discovery in the homicide case against him.
Stidd, 65, is charged with criminal homicide for the Jan. 16, 2015, shooting death of his son-in-law, Melvin Bizzarro, behind Togi’s Restaurant in Bradford. The two had been arguing prior to the shooting, police said.
The two had a long-standing animosity, and Bizzarro had faced criminal prosecution in 2005 for assaulting and threatening Stidd. In this case, Stidd’s attorneys, Greg Henry and James P. Miller, are claiming the shooting was self defense.
In an omnibus pretrial motion, the defense attorneys are asking for additional items over what has already been submitted by the state attorney general’s office, which is prosecuting the case.
The attorneys are seeking all items listed in a “firearm and tool mark report” including notes and photographs of Bizzarro’s clothing, test powder patterns and any chemical tests; all items and photographs in the prosecution’s ballistics report; everything obtained via search warrant on Stidd; “the clear plastic baggie and powder substance obtained from (Bizzarro’s) Dodge Avenger;” Bizzarro’s cell phone; and any evidence collected during the investigation, according to the motion.
They are also seeking copies of interviews with all potential witnesses, including those who live in the Welch Avenue area, which is adjacent to the rear parking lot of the restaurant where the shooting took place.
Stidd remains jailed without bail, where he has been since his arraignment in April.
Stidd had been charged shortly after the shooting, but the case was dismissed at the preliminary hearing by District Judge Dom Cercone, who held that Stidd acted in self defense. The case was referred to the attorney general’s office for continued investigation and to explore the possibility of refiling the charges.
On Jan. 16, 2015, at 9:30 a.m., Barbara Stidd called McKean County 911 and reported her son-in-law had been shot behind Togi’s Restaurant. She told the 911 operator that he was bleeding from the chest. She said her husband, Stephen Stidd, had shot her son-in-law, Bizzarro, according to court records.
Bizzarro was pronounced dead at the scene at 9:45 a.m. that day.
Bradford City Police Lt. Steve Caskey responded to the scene, and noticed Stephen and Barbara Stidd walking toward him. He asked them what was going on, and Stephen Stidd allegedly responded, “I told him I had a gun,” court records read. He handed over a two-shot Derringer to Caskey, who passed it on to state police investigators.
Stidd was then placed under arrest for homicide.
At the time, state police also spoke to Kevin Rhebergen, a truck driver for a food supply company who was delivering to Togi’s the morning of the shooting, court records read. He was taking supplies into the restaurant, and allegedly saw Stidd and Bizzarro standing near the driver’s cab of his truck, “talking or arguing,” court records read, but said he couldn’t hear what they were saying because the freezer unit in his truck was running.
Rhebergen said he started up the ramp of his truck for more supplies when he allegedly saw Bizzarro push Stidd, causing Stidd to step back. Rhebergen entered the trailer, and then heard a “bang” followed by something hitting the side of the truck, court records read.
He left the trailer, saw Bizzarro on the ground and Stidd standing about 10 feet back from him, holding something in his hand. Rhebergen said that Stidd made the statement, “‘I warned him and he wouldn’t stop,’” court records read.
The Derringer taken from Stidd was examined by state police, who determined one round had been fired and the second had an indented primer, “indicative of a possible weapon malfunction or misfire,” the criminal complaint read. “A closer examination of the live round of ammunition led to the discovery that ‘MEL’ was carved into the lead portion of the bullet.”
According to the online court docket for the case, the prosecutors will be L. Todd Goodwin and Bobbi Jo C. Wagner. The judge in the case will be Senior Judge John Cleland.
A hearing has yet to be scheduled on the pretrial motion.