The McKean County District Attorney’s office has lost an appeal
to the state Superior Court to include prior bad acts in the trial
of a Port Allegany man accused of attempted murder in 2004.

And that man, Terry Bundy, 43, has been incarcerated in the
McKean County Jail for 825 days as of Monday – two years and 95
days – with his bail at $100,000 cash, awaiting trial on charges of
attempted homicide, recklessly endangering another person,
aggravated assault, possession of an instrument of crime and
possession of a small amount of marijuana.

The time that elapses during an appeal in this situation does
not count towards a defendant’s right to a speedy trial, Judge John
Yoder ruled last November. All the time from the date of the appeal
through the appeal’s resolution – which appears to be from April
22, 2005 to Aug. 23, 2006 – does not count in calculations of the
Constitutional guarantee of a speedy trial, according to case
law.

The charges against Bundy arose from an incident at a Port
Allegany apartment on May 24, 2004. Bundy is accused of shooting
David Kelley in the jaw area during an argument over a bag of
marijuana that belonged to Bundy, but that Kelley had put in his
pocket, according to court records.

District Attorney John Pavlock had been trying to admit into
evidence for trial testimony from witnesses who alleged that Bundy
“became angry and violent when he became intoxicated and acted in a
reckless manner.” Evidence of that nature was specifically excluded
by Judge John Yoder, as was testimony by Bundy’s ex-wife.

Rhonda Andreano, Bundy’s ex-wife, was to testify that Bundy
disliked Kelley and that Bundy had once fired a gun at her when he
was angry, Pavlock explained in a motion to the court. Yoder
excluded that testimony as well, saying “the danger of prejudice of
the jury far outweighs the possible probative value.”

Pavlock appealed Yoder’s ruling to Superior Court. In an order
dated Aug. 23, the Superior Court upheld Yoder’s decision.

Pavlock first filed the appeal on April 22, 2005. The appeal was
returned to McKean County Court for corrections and with a request
for transcripts, the court records read.

According to a Web docket sheet available through the
Administrative Office of Pennsylvania Courts for the case, the
records from McKean County Court were not received by the appellate
court until Jan. 18, 2006.

From this point, Pavlock will have the option of asking the
state Supreme Court to review the Superior Court’s decision, or to
go ahead with the prosecution of Bundy.

When reached on Monday, Pavlock would not comment on the
case.