A judge dismissed one charge in court today against a 15-year-old accused of shooting and killing a man last month in Johnstown, but the most serious charges remain.
Andre Blackwell-Simms is charged with homicide and aggravated assault in the death of Fredrick Myers, who investigators say was killed after being shot in the chest May 14 in Johnstown. In court on Tuesday, the judge dismissed one count of terroristic threats Blackwell-Simms had been facing.
Myers’ girlfriend testified that she and Myers heard a knock at the door at about 11 in the morning at the Somerset Avenue home where they were staying.
She said she recognized the person at the door as Blackwell-Simms, although part of his face was covered, and said he had a gun in hand.
She testified that a fight followed between Myers and Blackwell-Simms, and a shot was fired, causing Myers to fall to the ground.
The woman also testified that she used drugs shortly before the alleged incident. The defense argued that affects her credibility. Prosecutors respond saying that she sounded ‘scared and traumatized’ in interviews with police but did not seem incapable of recalling what allegedly happened.
Cambria County Coroner Jeff Lees said Myers was found dead just inside the front door of the home with a gunshot wound to the chest.
A Johnstown police detective testified that tests showed Blackwell-Simms likely had gunshot residue on his hands and sweatshirt, but said the teen told investigators he was at home all day.
Blackwell-Simms has pleaded not guilty.
His defense attorney, Thomas Dickey, said the defense plans to continue seeking bail after the judge declined to set it Tuesday.
“Well, the first thing we’re gonna try to do is to get the court to set some bail. We believe that under the circumstances with him being 15 years of age that he is eligible to have bail set for him. So, obviously we asked for that today. The judge denied doing that. And we’ll take that further with the court of court of common pleas,”
Blackwell-Simms continues to be held in the Cambria County Prison without bail. He is scheduled to return to court next for a formal arraignment on August 11th.