SOMERSET — An attorney for the parents of a slain Indian Lake man is appealing a Somerset County judge’s decision denying a request for the state Attorney General’s Office to investigate.
Attorney Noah Geary of Washington, Washington County, has filed a notice of appeal with the state Superior Court in Pittsburgh in the two-year-old shooting.
Early last month, Somerset County President Judge John Cascio ruled he has no jurisdiction to interfere with District Attorney Jerry Spangler’s decision to withdraw homicide charges against Matthew Eperjesi, 29, formerly of Somerset.
A coroner’s jury ruled that Eperjesi was justified in fatally shooting Perry Zimmerman, 33, of Indian Lake and critically wounding Terry Mostoller, then 32, of Berlin.
The shootings took place at Eperjesi’s apartment in Somerset Township early April 8, 2006.
Zimmerman’s parents have pushed for the Attorney General’s Office to step in. But Cascio determined none of the arguments obligated the court to interfere with Spangler’s decision not to prosecute Eperjesi.
Spangler contended prosecutors could not disprove claims that Eperjesi was defending himself and his brother when Zimmerman, Mostoller and another man barged into their home.
“This is certainly a tragic set of circumstances that has been reviewed by the state police, my office and a coroner’s jury,” Spangler said Tuesday. “There have been three determinations that there’s not sufficient evidence to proceed.
“Mr. Geary is exercising his appeal rights.”
Geary countered that Eperjesi was not acting in self-defense, pointing to a conversation he had with his brother when he was overheard by a state trooper saying, “I’ve got something for their a--.”
Geary could not immediately be reached for comment.
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