Judge denies bid to dismiss attempted murder charges in Lewisburg drive-by shooting

May 5—LEWISBURG — A judge denied an attempted murder suspect's motion to dismiss based on double jeopardy Wednesday.

Defense Attorney Michael O'Donnell called on Court of Common Pleas Judge Lori Hackenberg to dismiss the case again Julio Gonzalez, 26, of Sunbury, over a case of double jeopardy and collateral estoppel, a legal doctrine that prevents relitigation of an issue that was resolved previously.

Gonzalez is accused of shooting Daevon Bodden in the leg and grazing the neck of a second man Jeffin Lewis in a targeted attack in June 1, 2020, outside of a home along Route 45, just west of the Lewisburg Borough line, according to court documents. He was charged by Buffalo Valley Police with attempted homicide and aggravated assault and picked up by authorities on June 11, 2020.

District Attorney Pete Johnson told the court it is not double jeopardy and the commonwealth is not charging Gonzalez where a case of double jeopardy is involved.

"There is no double jeopardy. This motion is frivolous," Johnson said in court. "Did he intend to harm these people in the house?"

Hackenberg said "the jury could have made their decision on other issues besides intent."

Hackenberg denied O'Donnell's motion to dismiss the case against Gonzalez but said she did not find the motion to dismiss Gonzalez's case as frivolous.

O'Donnell said they plan to appeal the case at a later hearing.

Hackenberg agreed Gonzalez has an appealable case.

After the hearing, Johnson said he thought the defense was getting hung up on conspiracy charges and that the case against Gonzalez is based on intent.

The retrial for Gonzalez is set for May 17 and May 18. Gonzalez will be judged on five different charges.