The Tribune Democrat, Johnstown, PA

State News

January 23, 2014

Trial ordered in death after snow blower fight

SWOYERSVILLE — A northeastern Pennsylvania man has been ordered to stand trial in a shooting death that authorities said stemmed from a fight over a snow blower.

Thirty-nine-year-old Brian Pavia of Plains Township is charged in Luzerne County in the Dec. 17 death of 38-year-old John Dulsky in Forty Fort.

Defense attorneys say their client acted in self-defense after being punched in the face by Dulsky. They say the groceries in Pavia’s car and his 911 call seconds after the shooting prove that  he didn’t intend to kill anyone.

Prosecutors, however, argued Wednesday that such intent can be formed in only a fraction of a second.

A district judge sent an open count of criminal homicide to Luzerne County Court and rejected a defense request to dismiss first- and second-degree murder charges.

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