By BERNIE HORNICK
INDIANA — The aggravated assault trial of a Seward man was continued Thursday after the defense attorney said his client was medically unfit to sit through several days of proceedings.
Johnstown attorney David Weaver, representing Stephen C. Shesko, 61, said the trial now is scheduled for March 22. He showed Indiana County Judge William Martin a doctor’s letter stating why Shesko couldn’t participate at this time.
Shesko is accused of severely beating Erick D. Melius, 28, of Belsano, after Melius taunted some Amish youngsters on
Nov. 24, 2007. Melius went to a hospital, checked himself out and died two days later.
Weaver said he wasn’t pulling a stall tactic.
“We want this trial,” he said outside of court. “Absolutely.”
But Weaver said his client has serious physical ailments and to proceed with trial before Shesko is able to fully participate would jeopardize his Sixth Amendment rights to a fair trial.
Initially Shesko faced charges including murder.
Prosecutor Tom Bianco dropped the homicide count at a preliminary hearing before District Judge Susanne Steffee of Homer City on Feb. 10, 2009.
A revised pathology report indicated that drug toxicity from fentanyl – as well as head and neck trauma – could have caused Melius’ death. That created immediate reasonable doubt as to whether a murder occurred.
Shesko was in the woods in Buffington Township, Indiana County, bear hunting with two dozen others when a vehicle drove up with Melius as the passenger
“Nice pumpkin haircut,” Melius taunted a young Amish boy.
Before long, Melius and Shesko were striking each other through the window of the vehicle.
Melius either left or was dragged out of the vehicle, and was punched, kicked and stomped by Shesko in a short, bloody fight, witnesses at the preliminary hearing testified.
