ATV rider sentenced in game warden assault

One of two men — Wade Michael Winemiller, 58, of Wrightsville — accused of attacking a Pennsylvania deputy game warden and taking his gun was sentenced to serve two to 23 months in Schuylkill County Prison in a ruling by President Judge William E. Baldwin Monday.

Winemiller and Thomas Earl Kelly Jr., 58, of Shiremanstown had been charged with aggravated assault, simple assault, robbery/theft, criminal conspiracy, disarming a law enforcement officer, harassment and disorderly conduct.

The sentencing for Kelly has been continued, with no date yet set.

The encounter between the three men occurred at 9:20 a.m. Dec. 1, 2018, which was the first Saturday of the state’s two-week firearm season for white-tailed deer. The co-op area is called The Grand property, located near Arnots Addition and Peach Mountain Road.

Game Commission “co-op” properties are privately owned tracts turned over to game commission management by the landowner. All-terrain vehicle riding is prohibited on co-op properties.

Winemiller and Kelly were riding ATVs and had entered the co-op lands via a path when they encountered Fidler. The co-op land is posted with the prohibition against ATV riding.

According to Fidler’s testimony, when he stepped into the path, the two men ignored his shouted orders to stop and dismount from their ATVs. In a statement made to Pennsylvania State Police after the encounter, Winemiller said that Fidler was the aggressor, spraying them with pepper spray “as soon as they came around the corner.”

The robbery charge was dismissed at the magistrate level.

After a trial in October, both Winemiller and Kelly were acquitted of the most serious charges — but convicted of simple assault, resisting arrest and harassment.

Baldwin sentenced Winemiller to two to 23 months for simple assault and two to 23 months on resisting arrest, to run concurrently. The harassment charge merges with the simple assault charge.

The standard sentencing guideline on the assault and resisting arrest charges is one month to 12 months, but First Assistant District Attorney Mike Stine asked Baldwin to sentence Winemiller under the guidelines for aggravated assault, despite the jury’s findings.

Stine referred to a victim impact statement from deputy warden David P. Fidler, stating that the incident “had a lasting impact, he continues to suffer, and really did think he was going to be killed.”

Winemiller’s attorney, Jeff Markosky, asked for a probation sentence, pointing out that Winemiller has no prior record and the incident was “the only time he’s been in trouble his entire life.” He added that he didn’t think using the aggravated assault range guideline was appropriate.

Prior to sentencing, three people who have each known Winemiller for more than 30 years testified on his behalf, describing him as a “laid-back” and “easygoing” man who was not a violent person. He often helped others, and his main hobbies are riding motorcycles, dirt bikes and ATVs, they said.

Winemiller also spoke, asking for leniency in sentencing.

“I want to apologize for what happened on the mountain, it happened so quick,” he said. “It’s the first time I ever had anything like this happen — I have a home and a very good job that I’d like to keep, and I’ll make restitution for whatever is needed.”

Baldwin replied that “if you and Mr. Kelly had just stopped, you would have paid a fine.” He added that he would apply the aggravated range, because the victim experienced significant injury mentally and physically.

After the ruling, Stine said he felt the sentence was appropriate, “given the fact that this (deputy game warden) is a difficult job, and they are often working in isolated areas.”