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Man faces trial in case of road rage
Defendant is accused of pulling gun
Source:
Butler Eagle
Written by:
Jim Smith
Published:
February 17, 2010
BUTLER TWP — It began with a near collision between a pickup and sport utility vehicle near a shopping plaza.
Next, a gesture.
Then, according to a 28-year-old Summit Township man, he was looking at a pistol barrel pointed at his head.
A barrage of obscenity-fueled death threats followed.
"He was antagonizing me trying to get me to make a move," Jesse Gaiser testified at a preliminary hearing Thursday. "He kept saying, "Make a move.' He wanted me to, so he could shoot me."
He would later identify Melvin Somerville, 70, of Jefferson Township as the man behind the gun Jan. 11.
District Judge Kevin O'Donnell ordered Somerville to face trial for felony and misdemeanor assault as well as terroristic threats.
While Somerville, who is free on $10,000 bail, didn't testify, his attorney after the hearing denied his client ever drew a gun or pointed it at Gaiser.
The two men's chance confrontation occurred shortly after 5 p.m. when Gaiser said Somerville's pickup truck nearly hit an SUV that Gaiser's wife was driving on Route 8 South at the Greater Butler Mart. Gaiser and his two young children were riding in the SUV.
"I threw my hands up," Gaiser said, describing the gesture he made to Somerville. He said he and his wife laughed. "I thought that was the end of it."
Gaiser's wife pulled into the shopping center and went in a store. Gaiser and the children remained in the vehicle
Moments later, he saw Somerville's pickup pull up from the back.
Both men got out of their vehicles. Gaiser testified he got out because he could see Somerville had a gun and Gaiser was afraid for his children.
He described the gun as a "small pistol" and insisted he saw Somerville chamber a round.
"He walked right up to me," Gaiser said. "He was swearing at me. Numerous times he threatened to kill me."
Gaiser offered examples of what the defendant said: "You're as good as dead. I'll blow your head off. I'm dying for you to make a move."
No one was hurt, police said.
Before Somerville drove away, Gaiser got the pickup's license plate number.
A Middlesex Township police officer heard the be-on-the-lookout call from Butler Township police and went to Somerville's home.
The officer noticed the suspect's handgun still sticking out of his coat pocket.
Butler Township Patrolman David Tedeski testified that Somerville told the Middlesex officer "(Gaiser) was lucky I didn't shoot him."
Tedeski said he got there a short time later and seized the suspect's 9 mm pistol with a magazine clip.
While in the Butler Township police cruiser, Somerville "advised me that if he pulled a gun on (Gaiser) he would have just shot him," Tedeski testified.
But on cross-examination by defense attorney Patrick Casey, the officer acknowledged Somerville never claimed he threatened Gaiser with a gun.
Following the hearing, Casey made an out-of-court case for his client: "He denies pulling a gun or pointing it at anyone. He is a 70-year-old man and a widower and is in poor health."
He said Gaiser has a gun permit.
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