Assault case dropped against former Greene DA
An assault case filed against a former Greene County district attorney was dismissed Monday after the alleged victim informed the court he would not be attending that day’s preliminary hearing.
David Russo, 48, of Holbrook, had been charged with a misdemeanor count of simple assault against David Zwerver, a male relative, during an alleged domestic altercation earlier this month in Waynesburg.
At the time of Monday’s hearing, Zwerver was in South Carolina, and had informed the court he would not be participating, District Judge Thomas Ankrom said in court.
Deputy Attorney General Aaron McKendry who was prosecuting the case, asked for a continuance. Many victims in similar cases can be hesitant to testify because they have mistaken ideas about what the consequences will be for them or their family, he said.
“I just want a chance to talk to him,” he said.
McKendry said he would try to get ahold of Zwerver to see if he could refile charges.
Russo, who represented himself, argued that since Zwerver had ample notice and elected not to show up, it was grounds for dismissal.
Ankrom agreed, rejecting McKendry’s motion for a postponement.
“I don’t see any sense in dragging this longer than it has to be drug out,” Ankrom said.
Russo had allegedly begun fighting with Zwerver after he attempted to intervene in a dispute started when Russo began cursing at his 11-year-old son, according to court paperwork.
Police said in the criminal complaint they spotted abrasions on Zwerver’s back after the incident.
“I’m not surprised that a simple family argument turned into an arrest,” Russo said in a text Monday afternoon after the hearing. “When you’re targeted for one thing you’re targeted for everything else. Today in court common sense prevailed and all charges were dropped.”
Russo, who served as the county’s district attorney from 2019 to 2023, also faces charges for allegedly misusing his office to pursue vendettas against political rivals. He is charged with a felony count of conflict of interest, and three misdemeanors — retaliation for past official action, official oppression and misapplying institutional property. He also faces conspiracy oppression and retaliation charges.
Russo’s next court appearance in that case is scheduled for June 5.
As in the misdemeanor case, the state attorney general’s office is prosecuting the case after current District Attorney Briana Vanata recused herself.