TAMAQUA — Prosecutors withdrew the two most serious charges against a Tamaqua man arrested for shooting and killing another man in the borough earlier this year.
Francis D. Witmayer Jr., 22, of 21 Piersol St., appeared before Magisterial District Judge Stephen J. Bayer on charges of two felony counts of aggravated assault, two misdemeanor counts of simple assault and one misdemeanor count each of involuntary manslaughter and recklessly endangering another person.
Assistant District Attorney Jennifer Foose withdrew the two felony aggravated assault charges while Bayer determined the prosecution presented enough evidence to hold the remaining offenses to Schuylkill County Court.
The charges, filed by Tamaqua police Patrolman Michael Weaver, followed the Feb. 27 shooting death of Eric Tavener, 18, inside a home at 104 Gay St.
Tavener was taken to St. Luke’s Hospital-Miners Campus, Coaldale, after the 3 p.m. shooting and pronounced dead there at 5:08 p.m. that same day.
Weaver was the only one to testify, simply saying that what is contained in his affidavit of probable cause is true and correct.
In filing the involuntary manslaughter charge following the shooting, Weaver said Witmayer acted in a “reckless or grossly negligent manner” in causing the death of Tavener.
Weaver said officers were called to 104 Gay St. for a report of a shooting victim, and found Tavener on the back porch of the property with a single gunshot wound to the upper left side of his chest.
As an officer began taking care of Tavener, Weaver said, he spoke to witnesses who identified Witmayer as the person who fired the weapon. Witmayer was found around the corner on Lafayette Street sitting in his vehicle.
After being detained, Witmayer said the gun, a Taurus G2c 9 mm handgun, was under the front car seat.
Weaver said that, after Witmayer was taken to the police station, he spoke with Bethany Moore and Savannah Stuckley who said the shooting occurred in Moore’s bedroom on the third floor of the house.
Moore and Stuckley said they were lying on a bed while Tavener sat on the edge of the bed.
Weaver said Moore and Stuckley told him that Tavener and Witmayer were smoking marijuana and Tavener and Witmayer were “playing around” with the gun.
Both women said they heard a loud bang and Tavener say “you shot me,” Weaver said.
Weaver said he saw a live round lying on the floor of the bedroom by a closet and a bullet hole through a television set.
After being read his rights, Witmayer said that Tavener was playing with the gun and that he got the weapon back from him and set it down on the bed.
Witmayer said there was no magazine in the gun and that he did not think the weapon was loaded, Weaver said.
Witmayer said he was standing near the closet while was Tavener still sitting on the edge of the bed. When he went to disassemble the gun, it went off and struck Tavener.
Witmayer remains free on $100,000 bail.
Contact the writer: fandruscavage@republicanherald.com