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Court briefs

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April 5, 2002 Mistrial declared

Fayette County jurors were unable to reach a verdict in a firearm possession case that went to trial this week.

Judge John F. Wagner Jr. declared a mistrial because jurors in John Henry Miller’s case were hopelessly deadlocked on Wednesday.

The panel deliberated most of the day, before informing the judge they could not make a decision.

Miller, 39, whose address was not listed in a state police affidavit, was charged with illegally possessing a firearm. He was not allowed to have a gun because he has a prior felony conviction, according to police.

On Dec. 4, 1999, Miller allegedly pointed a .22-caliber rifle at Clayton Wilson after a verbal argument at Wilson’s Brown Hill Road, Markleysburg home. Police alleged that Miller also fired the gun at Wilson.

Trooper James Custer initially filed other charges against Miller, but those charges were dropped at the magistrate’s level.

Assistant Public Defender Mary Campbell Spegar represented Miller and First Administrative Assistant District Attorney John A. Kopas III prosecuted the case.

Attorney’s fees approved

Move to hospital requested

The attorney for Gregory S. Kontaxes wants his client moved back to Mayview Hospital, the state’s psychiatric facility.

Fayette County Judge John F. Wagner Jr. said he would consider the request made by attorney Jack W. Connor. However the judge said that he was not certain how he could send Kontaxes, 45, back to Mayview, when the hospital sent him back to the county’s prison.

Kontaxes, of Star Junction, is charged with beating his elderly father with a rifle last Jan. 7. He is charged with aggravated and simple assault and harassment for allegedly hitting 78-year-old Steven Kontaxes in the head with a .22-caliber rifle during a reported altercation.

At the time, Gregory Kontaxes was reportedly intoxicated, according to state police.

His father was attempting to call police when the alleged assault occurred.

The elder Kontaxes was taken to Mercy Hospital in Pittsburgh after the incident.

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