Carbon County court

The trial of a Lehigh County man charged in a gun-pointing incident at a Carbon County resort ended shortly after noon Thursday when the presiding judge declared a mistrial.

Scott Timothy Watkins, 52, of New Tripoli, was on trial on charges of recklessly endangering another person and simple assault, both misdemeanor offenses. He is charged for an incident at the Sunny Rest Lodge resort in Lower Towamensing Township on May 14, 2016.

President Judge Roger N. Nanovic declared the mistrial after he spoke to five jurors who admitted they had spoken to at least one other juror about the trial, a violation of standard rules of jury participation.

At the start of trials, jurors are instructed not to discuss the case among themselves, with family members or anyone else verbally or on social outlets, until they had heard all the evidence, the closing arguments of the attorneys and the instruction on the law given by the presiding judge.

On Thursday when Nanovic was ready to continue the trial he asked if any of the jurors had spoken to any of their fellow jurors about the trial. Five of the panel of 12 and two alternates raised their hands.

Nanovic then spoke to the five, individually, in his chambers. Assistant District Attorney Cynthia Ann Dyrda Hatton, the prosecutor, and defense attorney Brian J. Collins were present.

Nanovic returned to the courtroom and told the jury that after speaking with the five, Collins had requested a mistrial be declared and that Hatton did not oppose the request. Nanovic said he was declaring a mistrial and dismissing them.

Hatton will have to decide if she wants to retry the case.

Watkins was charged by state police at Lehighton with placing a gun to the left cheek of a security guard, Christoper Wean, following an incident at Watkins’ camper.

Watkins admitted pointing a gun at Wean but said he did it because he was afraid and felt threatened.

The mistrial ended two days of testimony in the trial. The jury panel was selected on Monday.

The trial was expected to finish on Wednesday but a legal issue arose after Collins completed his defense and just as Hatton was to call rebuttal witnesses early Wednesday afternoon.

Nanovic took a recess and following two hours of discussions with the two attorneys, he returned to the courtroom at 3:50 p.m. and dismissed the jury for the day telling them the legal issue had to be further discussed by him and the parties.

The jury returned Thursday morning to resume the trial but another delay had them waiting patiently in the jury deliberation room.

Finally, at 11:10 a.m., Nanovic had the panel come into the courtroom to resume testimony. That was when he asked if any of the jurors had discussed the case with any of their fellow jurors.

If Hatton decides to retry the matter, the next criminal trial week begins on Feb. 5, 2018.