Jury acquits man in 2014 shooting

A Carbon County jury panel deliberated for five hours on Thursday afternoon and early evening before finding a former Lansford man not guilty of all charges filed against him in a shooting incident that occurred over four years ago.

Levi Daniel Zagata, 40, had been charged with criminal attempt — homicide, terroristic threats and two counts of aggravated assault. During the course of their deliberations, the jury panel asked five questions concerning the charges which Judge Joseph J. Matika answered in the courtroom with all participants present.

The jury apparently believed that Zagata shot his then live-in girlfriend, Melissa Price, 40, three times in self-defense. After shooting Price, Zagata turned the gun on himself in a botched suicide attempt.

Price and Zagata both sustained serious injuries in the incident.

Price was flown to the Lehigh Valley Hospital-Cedar Crest. Testimony from her attending physician termed her injuries life-threatening, with three wounds to her torso area. She had multiple surgeries.

Zagata suffered injuries to his jaw and lost his left eye. He was flown to the University of Pennsylvania Hospital in Philadelphia and continues receiving treatment for the jaw injury.

The incident occurred on Feb. 22, 2014, at the home the couple shared at 439 W. Patterson St., Lansford.

Different stories

The testimonies of Price and Zagata of the shooting greatly differed. They both said they had been arguing most of the day.

Price said she went to the upstairs bedroom about 10:30 p.m. and when she entered, Zagata was there holding a gun. The gun was later identified as a Kel-Tec brand 9 mm pistol. She said Zagata said to her, “How about this,” then fired three times.

Zagata said he went upstairs after telling Price he was going to leave the residence on Monday. He said as he was about to enter the bedroom he looked back and saw Price pointing a gun at him. He said he backed into the room followed by Price still pointing the gun.

Inside the bedroom he grabbed the gun and struggled with Price, eventually getting the gun away from her. He said she kept coming at him and he shot her. He said he shot her “because she was going to kill me.”

Before the case going to the jury, Assistant District Attorney Gary F. Dobias, former district attorney who retired in late 2014, cross-examined Zagata. He asked Zagata if, after shooting Price, he went to her aid or called 911. Zagata said he didn’t, adding he saw Price lying on the floor motionless and thought she was dead. He admitted he called 911 after shooting himself.

Zagata claimed that police never asked him for his side of the incident. But police Chief Jack Soberick, a sergeant at the time, was called as a rebuttal witness. He said he asked Zagata about his side of the story but the defendant declined to say anything.

Trial testimony

Price testified that Zagata was angry with her because he found that she was on a dating site. She said she went on the site after she and Zagata had a disagreement and he moved out.

He then returned to the home and later found out about the dating site.

Zagata denied he was upset about the dating site, saying Price was angry because she found out he had made contact with his ex-wife and was texting with her. He said that was because he wanted to have contact with his daughter.

Soberick responded to the home the night of the incident. He found Zagata in the downstairs area holding a pillow to his face, bleeding profusely. He then went upstairs and found Price lying on the bedroom floor, not moving but conscious.

He quoted Price as saying to him, “Don’t let me die.”

Several expert witnesses from the state police testified about evidence at the scene, testing blood samples and the gun used.

Testimony revealed that Zagata moved into the residence sometime in 2013. Zagata’s brother, David Zagata, was living there with Price and the four children they had together.

A time later David Zagata moved out.

Levi Zagata said sometime after that, he and Price developed a relationship.

Testimony also revealed the gun used in the shooting had been purchased by Price for protection because she was afraid of David Zagata.

Case history

The case had at least 18 continuances filed in it, mostly by the defense, which resulted in it being delayed for trial.

After Zagata was released from the hospital he moved in with his mother in Saint Clair. She later moved to Virginia, and he went with her. While in Virginia, testimony revealed, Zagata was served with a warrant for his arrest issued to Lansford police.

He was extradited back to Pennsylvania and has been in the county prison since his arrest in Virginia in May 2015. He claimed he didn’t know he was wanted by police at the time.

Attorney Matthew J. Mottola, of the public defender’s office, told the jury in his closing argument that Price was the person highly upset by the arguing and distraught as evidenced by text messages she had sent her sister before the shooting.

He said Price knew Zagata was leaving and was upset about it and had reason to get the gun and go after him. He said Zagata’s story was more believable that he took the gun away from her but she still came after him and he fired in self-defense.

Dobias said testimony revealed Zagata had equal access to the weapon, had been drinking and was probably intoxicated.

He said after the shooting, which Zagata claimed he didn’t want to do and was upset about it, failed to help Price and only called for help after he shot himself.