Teen seeks dismissal of murder charges in 'horrific accident'
The Black Creek Twp. teen accused of fatally shooting his girlfriend in the bedroom of her Butler Twp. home is seeking dismissal of the murder charges against him in a new court filing in which his attorneys argue the shooting was a “horrific accident” by a drunken teen handling a gun without training.
Alan Jay Meyers, now 19, is charged with shooting 17-year-old Kassadey Matulevich in the forehead at 14 Sand Hollow Drive, Butler Twp., on Aug. 27, 2022. In the aftermath of the shooting, Meyers fled the scene through a window and went for a haircut before being arrested at a rest stop at the Dorrance exit of Interstate 81.
Prosecutors have argued those facts point to a case for first-degree murder.
But in a new filing last week, defense attorneys Theron J. Solomon and Matthew T. Muckler argue the shooting was an accident and that Meyers had no intention of killing Matulevich.
“There is absolutely no evidence that Mr. Meyers wanted to harm (Matulevich), had intentions to harm (Matulevich), had a motive to harm (Matulevich), or had any ill will towards (Matulevich),” Solomon and Muckler wrote. “These were two kids in love with each other and enjoying the excitements of ‘young love.’ ”
While prosecutors argue Meyers and Matulevich had been arguing about Meyers spending time with a 14-year-old girl leading up to the shooting, the defense filing maintains they had “a typical ‘young love’ relationship” and decided to make their relationship “official and exclusive” shortly before Matulevich died.
The night Matulevich was killed, Meyers was invited over and entered through a basement window he and Matulevich’s other friends regularly used to sneak in and out of the house, according to the filing.
Another friend staying over the night reported the couple had not been fighting and that she was not concerned about Matulevich’s safety. The friend also told investigators that Matulevich had wanted Meyers to come over.
However, Meyers was “seriously intoxicated” — rating himself an “11” on a scale of 1-10 — when he showed up, and then he continued drinking from a bottle of E&J Brandy he brought over, the attorneys wrote.
He also showed up with a semi-automatic pistol that he had been known to brandish in an effort to look “cool” and “tough,” according to the filing. Meyers had no training in firearm safety.
“While displaying the firearm to (Matulevich), a drunken and poorly prepared Mr. Meyers accidentally pulled the trigger, striking (Matulevich) and accidentally and negligently causing her death,” Solomon and Muckler wrote. “This entire event was preventable. But it was an accident caused by negligent firearm handling.”
The attorneys also dispute the contention that Meyers’ actions after the shooting show he was trying to get away with murder, writing that “as an impulsive drunk teenager, (he) ran from the home out of pure fear and shock.”Rather than trying to change his appearance and escape, Meyers went for the haircut because his mother had previously scheduled the trim, they wrote, noting that “Meyers walked into that barbershop with a head full of curly red hair and walked out of that barbershop with a head full of curly red hair.”
“Mr. Meyers was a terrified and intoxicated 17-year-old kid who made a chain of terrible decisions that ultimately lead to the accidental discharge costing (Matulevich) her life,” Solomon and Muckler wrote. “No matter how hard the commonwealth tries to fit a square peg into a round hole, this accidental discharge was not murder.”
The filing seeks bail for Meyers on grounds that he should not be charged with first-degree murder, as well as dismissal of that charge.
The attorneys are also seeking an unusually large jury pool of at least 125 due to pre-trial publicity the case has garnered, as well a court order creating a “buffer zone” where those wearing clothing in support of Matulevich can protest outside of view of the jury.Court records indicated prosecutors had not immediately responded to the motion as of Tuesday.
Meyers continues to be held without bail at the Luzerne County Correctional Facility on charges of criminal homicide, illegal weapons possession and tampering with evidence.
His trial is scheduled to begin with jury selection June 7.
