York County men acquitted of felony charges against Pa. Game Commission deputy

Two York County men charged for allegedly disarming and assaulting a Game Commission deputy last year were acquitted of the most serious charges, but still face lesser ones, according to court dockets.

In late October, a jury in Schuylkill County found Wade Michael Winemiller, 58, and Thomas Earl Kelly Jr., 58, not guilty of two felonies — aggravated assault and disarming a law enforcement officer.

Kelly was also found not guilty of simple assault, a misdemeanor, while Winemiller was found guilty of the charge.

The jury also found the pair guilty of misdemeanor resisting arrest, and a judge found them guilty of three summary offenses — harassment, disorderly conduct and control of property regulations.

Sentencing for Winemiller, of Lower Windsor Township, and Kelly, of Hopewell Township, is scheduled for Dec. 16.

According to Pennsylvania State Police, Deputy David Fidler encountered the two men on Dec. 1 after he was dispatched to the area of Peach Mountain Road in Norwegian Township for a report of someone on an ATV shooting a deer.

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The two men fought with Fidler after he confronted them, grabbing at Fidler's gun. Eventually, one of the men pulled the gun out of Fidler's hands. A second man ordered Fidler to give him back the keys to the ATV, which Fidler did. The two then fled the area, documents state.

Kelly's attorney, Sudhir Patel, said defense testimony showed that Fidler's actions led to one of the men crashing their ATV, which then kicked off the confrontation.

"He (Fidler) admitted he stepped off the trail and waited behind a tree," where he waited for the approaching ATVs, Patel said. "Somebody was looking to get an a-ha moment."

Kelly took the stand to testify; Winemiller did not, Patel said.

During the trial, "There was no doubt that Winemiller struck the deputy," which is why he was found guilty of simple assault, Patel said.

Despite being found guilty of control of property regulations, Patel said Winemiller and Kelly "did not believe they were trespassing ... they had been on that trail numerous times."

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Patel called the verdict "peculiar."

"How do you find them not guilty of aggravated assault and disarming a law enforcement officer but guilty of resisting arrest?" he said. "But, you have to respect the jury's verdict."

Although acquitted of the felonies they originally faced, Winemiller and Kelly will face penalties in some form.

"It could be anything from probation to several months in jail," he said.

Patel described Winemiller and Kelly as "Very, very pleased and relieved that they were acquitted of the felony charges, for sure."

Winemiller's attorney, Jeffrey Markosky, as well as the Schuylkill County DA's office, could not be reached for comment.

Contact Ted Czech at 717-771-2033.