WILKES-BARRE — The suspect in the December shooting death of another man outside a Forty Fort law office entered a not-guilty plea Thursday morning.
Brian Pavia, 39, appeared briefly before Judge Michael T. Vough during formal arraignment in Luzerne County Court on an open count of criminal homicide.
Pavia’s attorneys have said their client acted in self defense after being pummeled in the face by victim John Dulsky, 38, during a fight over a snow thrower outside a professional building on Wyoming Avenue.
But Assistant District Attorneys Jarrett Ferentino and Angela Sperrazza previously have said they are prepared to address any contention of self-defense, noting that Dulsky, of Wilkes-Barre, suffered gunshot wounds to his neck and lower back.
Pavia, of Union Street, Plains Twp., called 911 begging for help seconds after the deadly shooting on Dec. 17, his lawyers said.
“I need help, a guy just came after me. I shot him; I need your help very badly. Please hurry,” Pavia was heard screaming when a recording of the call was played at Pavia’s preliminary hearing before District Judge David Barilla last month.
“This guy was coming at me. He punched me. I’m spitting up blood. He broke my nose. It’s pretty bad,” Pavia was heard saying.
Forty Fort police officer Brian Casella testified last month that Pavia was treated in the emergency room at Wilkes-Barre General Hospital for facial injuries. A physician said Pavia did not suffer a broken nose.
“He said, ‘I can’t believe this was all over a snow thrower; it was self defense,’ ” Casella testified.
Pavia was remanded back to county prison after Thursday’s proceeding, with a further scheduling order yet to be set by the court.