Indiana County President Judge William Martin recently issued rulings in the Brady DiStefano case, which is scheduled for trial next month.
DiStefano is now 22 years old. He’s charged with aggravated assault for a fight with IUP fraternity brother Caleb Zweig in February of 2017. DiStefano was originally charged with homicide and aggravated assault, but Judge Martin dismissed the case because he said the prosecution did not have sufficient evidence that DiStefano caused Zweig’s death. Last October, State Superior Court upheld Martin’s dismissal of the homicide charge but reinstated the aggravated assault charge.
In rulings issued August 30th, Judge Martin said DiStefano has requested a reduction in charges from aggravated assault to recklessly endangering, simple assault, and simple assault for a fight entered into by mutual consent. Martin writes that District Attorney Pat Dougherty does not object.
The judge granted a defense request to exclude DiStefano’s invocation of his right to remain silent and to have an attorney, made in a police interview on the day of Zweig’s death. He also granted a motion to exclude the statements of four witnesses to the fight. Both of those motions were consented to by the D.A. DiStefano’s attorney has also asked the court for a list of photographs to be used by the prosecution, and the judge ordered the D.A. to provide it.
The judge reserved a ruling on a motion to not tell the jury that Zweig is deceased, which the defense claims is irrelevant.
Jury selection for DiStefano’s trial is scheduled for October 21st, with the trial to begin the next day.
