Lycoming County Judge Marc F. Lovecchio denied a request to throw out criminal firearm charges against Shacoor R. Trapp, the 24-year-old city man accused of attacking and shooting his neighbor in the 600 block of Maple Street May 29, 2011.
In a separate charge from the attempted homicide case - which ended June 7 in a hung jury - Lovecchio found Trapp guilty following a non-jury hearing June 14 of possessing a firearm although prohibited from possessing firearms because of a prior felony conviction.
Trapp's attorneys argued his future defense is in jeopardy for retrial on attempted homicide and other charges because the judge already found him guilty of possessing a firearm.
Chief Public Defender William Miele and Assistant Public Defender Nicole Ippolito said they believed Lovecchio would make his ruling about the firearms charge based on the hung jury verdict.
The judge dismissed a defense request to dismiss the charge due to double jeopardy late last week.
Trapp waived his right to a jury trial on the gun charge.
"Nothing was ever said to him that I would render the same verdict as the jury," Lovecchio said during a June 30 hearing on the matter.
"(The) defendant was advised that, while the jury might not be able to reach a decision and a mistrial could be declared, the court would, in fact, render a verdict," he wrote in his opinion.
"You've already decided the material evidence in the case," Ippolito said at the hearing. "You effectively destroyed his constitutional right to a trial by his peers."
"And he got that," Lovecchio answered. "He got exactly what he wanted. It just so happens that we reached different verdicts."
