Boyfriend on trial says victim was the one with the gun

The defendant in a shooting incident more than four years ago said that the victim was the one with the gun and was the aggressor. He said shot her “because she was going to kill me.”

Levi Daniel Zagata told a Carbon County jury on Wednesday afternoon that he had to wrestle the gun used in the incident from the victim, Melissa Price, 40, and then shot her as she continued to come after him.

Zagata, 40, formerly of Lansford, is charged with shooting Price three times in the torso, causing life-threatening injuries. He was charged by borough police with criminal attempt at homicide, terroristic threats and two counts of aggravated assault. The attempt and assault counts are felonies.

Zagata took the witness stand late in the afternoon after the commonwealth, represented by Assistant District Attorney Gary F. Dobias, rested his case. Dobias retired in 2014 after 34 years as a prosecutor and nearly 23 as district attorney.

After shooting Price, Zagata turned the gun on himself in a botched suicide attempt. He sustained severe facial injuries and lost his left eye.

Price was taken to the Lehigh Valley Hospital-Cedar Crest, in critical condition and required eight surgeries. Her attending physician at LVH testified that she would have died if she had not received immediate medical attention.

Argued frequently

Zagata, a truck driver by trade, said he moved in with Price and his brother, David Zagata, who was then in a relationship with Price. The shooting occurred on Feb. 22, 2014. He said he, his brother, Price and their four children lived in the residence. Zagata said he moved in after his marriage of a year ended in divorce.

He said a short time after he moved in, his brother left the residence due to continued disputes between him and Price.

He said after a period of time he and Price entered into a relationship as he continued to live at the residence at 439 W. Patterson St.

Zagata said his relationship with Price ended shortly after because she complained about him being away for long periods of time driving truck. He said he then changed jobs and the relationship was renewed and he moved back into the home.

He said on the day before the shooting and during the day of the shooting he and Price argued frequently, mostly about him having made contact with his ex-wife. He said he contacted his ex-wife during the time he had left the residence. He said it was more for him to make contact with his daughter.

He also said he found on the computer that Price was on a dating site. He said all contributed to the arguing.

Zagata also testified that the gun used in the shooting, a Kel-Tec brand 9 mm pistol, belonged to Price.

He said he believed she purchased the gun after his brother left the house because she was afraid of him.

On the day of the incident the two went to a mall in the Wilkes-Barre area and returned abruptly after Price’s mood changed, Zagata said. She again began accusing him of getting back with his ex-wife.

Drinking beer

Back at the Lansford residence Zagata said he and Price argued, and he tried to keep his distance. He also admitted drinking about four or five beers during the same time frame.

He said later in the evening he went upstairs to go to the master bedroom where the two stayed to watch television.

He said before he entered the bedroom he looked back and saw Price standing in the hallway pointing a gun at him. He said she had both hands on the weapon. He said this occurred after he had told her he was going to leave the residence on Monday.

He said he backed into the bedroom as Price approached him. He quoted Price as saying, “I’ll kill both of us.”

Questioned by defense attorney Matthew J. Mottola, of the public defender’s office, Zagata said, “I was afraid I was going to die.”

He said Price then entered the room and was a few steps away.

At this point he grabbed the gun and managed to get it away from Price.

He said after taking the gun from her she continued to come at him.

He said he pulled the trigger, but didn’t remember how many times. He said Price fell backward to the floor.

He said she was motionless on the floor and he thought she might be dead. He said he couldn’t handle that and turned the gun on himself.

He claimed he didn’t remember anything else of the night and only remembers waking up in a hospital and being told by a doctor he had to undergo surgery.

After spending months in the hospital, during which his jaw was wired shut, he was released and went to live with his mother in Saint Clair. Later, she decided to move to Virginia and he went with her.

He later learned that there was a warrant out for his arrest when Virginia authorities placed him under arrest.

Expert witnesses

Prior to resting his case Dobias called two more expert witnesses.

Julia Garosall of the state police forensic DNA unit, testified that the blood submitted from samples taken from the front sidewalk, downstairs area and a pillow from the bedroom matched Zagata’s DNA. A blood sample taken from the floor of the bedroom matched Price.

Cpl. John M. Gober, a ballistics expert for the state police, testified the two bullets and four shell casings found in the bedroom came from the gun police said was used in the shooting. He also testified he examined a T-shirt Price was wearing when she was shot and determined there was only some residue on the upper shoulder that might have been caused by a bullet.

He said all the other tests on the other holes found in the shirt were negative to residue, meaning the shots fired were at least 36 inches or more away.

A videotape of an interview with Price’s 15-year-old son was played. The youth said he heard three gunshots and immediately ran from the home to a neighbor’s house and asked them to call police. He said he left quickly because Zagata and Price had been arguing most of the day.

He said his mother seemed upset, adding, “I think she knew something was brewing.”

The trial was scheduled to resume this morning with Dobias set to cross-examine Zagata.

Judge Joseph J. Matika, who is presiding, told the jury he believes they will be able to begin deliberations later in the day.