Jun. 8—A Johnstown man will appear in Cambria County court, accused of firing a handgun outside of a Subway restaurant on Market Street in February and sending customers fleeing, authorities said.
Matthew Noah Mikesic, 24, of the 200 block of Horner Street, waived his right to a preliminary hearing on Tuesday, before District Judge Michael Musulin, of Johnstown.
According to a criminal complaint, Mikesic was arguing with another man at the corner of Market and Main streets on Feb. 19 when he allegedly pulled a Springfield .45-caliber handgun from his waistband and fired one round into the air.
Mikesic then pointed the gun at the other man and entered Subway without firing a second round, the complaint said.
One Subway employee told The Tribune-Democrat that day that she took a cellphone and hid in the bathroom where she called 911.
Defense attorney Anthony Jackson, of Pittsburgh, said the incident stemmed from mental health issues that Mikesic has suffered since he was a child.
"I don't think he had the intent to commit a crime," Jackson said. Mikesic thought he was in danger and that he was protecting himself, Jackson said.
Police said Mikesic was the legal owner of the handgun.
He will receive mental health treatment.
"The commonwealth's goal here today was to ensure the safety of the community while recognizing the mental health treatment that we believe is necessary," Assistant District Attorney Jessica Aurandt said.
Mikesic is charged with aggravated assault, terroristic threats, flight to avoid apprehension, reckless endangerment and discharging a firearm.
He is free on bond.