Judge orders Penn Twp. man released from jail to await trial in 2016 shooting
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A Penn Township man who has been in the Westmoreland County Prison for nearly three years accused of firing a rifle shot that pierced a wall and nearly hit a police officer will be released to await his July 11 trial.
Common Pleas Judge Tim Krieger granted a motion filed on behalf of Jody J. Martz, 54, under the state’s “speedy trial” law, which says defendants cannot remain in jail longer than 180 days without a trial. Martz has been held for trial on $500,000 bail.
Delays agreed to by both sides stop the counting of days toward the 180-day limit. The most recent trial delay from May 6 was requested by the District Attorney’s Office to prepare for defense attorney Jeff Monzo’s argument that Martz’s extreme intoxication led to the shooting during his wife’s Aug. 31, 2016, home interior party in the village of Claridge.
During a hearing Friday, Assistant District Attorney Adam Barr argued against Martz’s release, saying the state permits a judge flexibility and allows exceptions where the “public’s safety is at risk.”
Township Patrolman David Noll said he did not want to see Martz released. He previously testified that the gun blast crossed his chest and arm while he stood near the door and damaged his uniform, severing the chain on his traffic whistle. It was the only time he was fired upon in his 28-year law enforcement career, Noll said.
Township Detective Brad Buchsbaum also testified against Martz’s release.
“We were already called for one incident there involving a police officer being shot at, and I am concerned the behavior could repeat itself,” Buchsbaum told Krieger.
Barr also had county Detective John Clark testify about text messages retrieved from Martz’s cellphone immediately after the shooting. He allegedly texted family members about shooting at a police officer, and that he was contemplating taking his own life. He eventually surrendered to police.
On cross-examination by Monzo, all three officers said they had no prior calls to Martz’s residence and they did not know him prior the the incident during his wife’s party.
Monzo said police interviews after the shooting indicated Martz thought he was firing the .270-caliber rifle in an area where there were no police and that he remains “remorseful.”
“There were absolutely no facts presented here that there is a community safety issue. The officers testified that they had no prior contact with him,” Monzo said.
While Krieger said he appreciates the testimony of the police officers, “I have to look at what the law says, and we’re at 182 days right now and the law is clear that 180 days is the limit.”
“It’s improper of me look at the emotions,” Krieger said.
In his ruling, Krieger stipulated Martz could not be released to his township home because his wife is among the alleged victims in the complaint. However, he said Martz could live with relatives in the Manor or Trafford area.
However, Martz’s release was being delayed while authorities made sure there were no firearms in either residence.
Martz is charged by township police with attempted homicide and multiple counts of aggravated assault, reckless endangerment and four counts of simple assault.