SMETHPORT (EC) – After nearly 900 days in jail, Terry Bundy
thought he would finally get his chance Monday to prove the
shooting of David Kelly was not intentional.

His trial in McKean County Court in Smethport was supposed to
begin Monday, but was again postponed, this time because court
appointed defense attorney Joe Marasco found that he had a conflict
of interest.

Bundy has been in McKean County Prison since the May 2004
shooting of Kelly over what apparently was an argument over a bag
of marijuana.

While the trial was scheduled to start Monday, Marasco found out
Thursday in a pre-trial conference that the prosecution intended to
bring forth a new witness, Lee Smithmyer, who would testify that in
that a few days before the shooting Bundy had been confronted by
Kelly for calling him a homosexual, and that after Kelly had left,
Bundy had said “I’m going to shoot his butt off someday.”

Marasco told the court that he is currently representing
Smithmyer in a PCRA petition to obtain a new trial on charges of
simple assault and in hearings before the liquor control board as a
result of those charges.

Because of that, Marasco did not feel he could effectively
cross-examine Smithmyer, and asked to be allowed to withdraw from
the case.

Judge John Yoder granted the request and ordered that a new
defense attorney be appointed and the trial rescheduled at a later
date.