Court documents released Friday track the sequence of events in a shooting on Aug. 24 that led to charges against a Bedford County man and a Wisconsin man who was with a group of Black Lives Matter marchers.
State police filed criminal charges against Terry L. Myers, 51, of Schellsburg, and Orsino V. Thurman, 37, of Milwaukee.
Bedford County District Attorney Lesley Childers-Potts announced the charges on Friday.
About 30 activists from Wisconsin were traveling on foot and in vehicles to Washington, D.C., on Aug. 24 for the March to Washington 2020 event when they stopped in the 800 block of Lincoln Highway near Schellsburg.
Troopers said there was an exchange of gunfire between the activists and Terry Myers after they parked in or near his father John’s parking lot – and across the road from the man’s home.
One of the activists was hit with birdshot and taken to Conemaugh Memorial Medical Center in Johnstown, where he was treated and released the next day.
Troopers recovered a shotgun, shotgun shells, a semi-automatic pistol and a 9mm shell casing.
Terry Myers was charged with 19 counts of simple assault, 19 counts of reckless endangerment and one count each of aggravated assault, criminal mischief and harassment.
Thurman was charged with two counts of simple assault, two counts of reckless endangerment and one count each of illegal possession of a firearm, aggravated assault, criminal mischief and criminal trespass.
The charges cap a nine-month investigation that Childers-Potts said was based on facts gathered by police.
“I was not willing to make a charging decision based upon incomplete information,” Childers-Potts said in a statement. “I personally reviewed every piece of evidence, including 700 pages of written reports prepared by the Pennsylvania State Police.
“Where someone lives or who they know is not relevant in our prosecutions,” she said.
The series of events that night was outlined in the seven-page affidavit of probable cause.
At 11:18 p.m., John Myers reported, a large group had gathered outside his residence and refused to leave. About 15 minutes later, shots were fired.
Terry Myers told troopers he retrieved a loaded 12-gauge pump-action shotgun and went to his father’s house after getting a phone call that “protesters” were outside looking into the garage with flashlights and refusing to leave.
While walking on the road, Terry Myers said he fired into the air as a warning, yelled at the group to leave and then fired again. Terry Myers said that he saw “two flashes” from the crowd, and he shot toward the flash and saw one man fall back.
Myers said he then placed the shotgun on a tool box in the pickup truck parked in his father’s driveway.
Troopers later secured a “live-streamed” video that they said showed Terry Myers say to the group: “You better move that mother(expletive), or I will shoot you.”
John Myers told troopers that at 10:30 p.m. on Aug. 24, he looked outside after hearing noises and saw 10 to 15 cars in the parking lot across the street. John Myers said he called state police after he repeatedly shouted at the group to leave, “but the group paid no attention to him.”
Then he called his son. When Terry Myers was awoken by his wife, the complaint said, he grabbed a shotgun and went outside. His wife said she then heard about seven gun shots. Terry Myers called her and said he and “Pap” were OK but they almost got shot.
A review of video posted on Facebook by activist Frank Nitty showed two shots being fired and the actives running toward their vehicles. Then two pistol shots are heard.
Then Terry Myers is seen firing a shot that struck Thurman, who responds by saying “Bitch hit me with the buckshot. I hit him, too.”
Thurman was treated at the hospital for gunshot pellets to his face and torso.
Terry Myers’ attorney, Matthew Zatko of Somerset, maintains that the activists were trespassing on property owned by the Myers family and they refused to leave. Meyers fired two warning shots and one shot in self defense, Zatko said.
“Mr. Myers fired one shot in self-defense injuring the individual who fired two shots at him,” Zatko said.
Terry Myers was arraigned on Friday and released on $75,000 unsecured bond. Thurman has not been arraigned.