Bradford businessman Stephen Stidd is in McKean County Jail, arraigned Tuesday morning on one count of homicide for the 2015 shooting death of Melvin Bizzarro behind Togi’s Restaurant on East Main Street.

The charges were filed by the state attorney general’s office, who took over the case after earlier charges were dismissed by District Judge Dom Cercone in 2015.

Stidd, 64, is being held without bail on the charge.

Bizzarro, who was Stidd’s son-in-law, died from a single gunshot wound to the chest around 9:30 a.m. Jan. 16, 2015, in the rear parking lot of Togi’s Restaurant, allegedly following an argument with Stidd.

Bizzarro at one time had owned Togi’s Restaurant with his wife, Michelle Stidd Bizzarro.

A preliminary hearing in the case is scheduled for 10 a.m. April 26 before District Judge David Engman in Kane, who was assigned to the case by Senior Judge John Cleland in August 2016.

The affidavit of probable cause in the case outlines the allegations from the time of the shooting through Cercone’s dismissal of the charges and the subsequent investigation that led to the refiling of the charges.

On Jan. 16, 2015, at 9:30 a.m., Barbara Stidd called McKean County 911 and reported her son-in-law had been shot behind Togi’s Restaurant. She told the 911 operator that he was bleeding from the chest. She said her husband, Stephen Stidd, had shot her son-in-law, Bizzarro, according to court records.

Bizzarro was pronounced dead at the scene at 9:45 a.m. that day.

Bradford City Police Lt. Steve Caskey responded to the scene, and noticed Stephen and Barbara Stidd walking toward him. He asked them what was going on, and Stephen Stidd allegedly responded, “I told him I had a gun,” court records read. He handed over a two-shot Derringer to Caskey, who passed it on to state police investigators.

Stidd was then placed under arrest for homicide.

At the time, state police also spoke to Kevin Rhebergen, a truck driver for a food supply company who was delivering to Togi’s the morning of the shooting, court records read. He was taking supplies into the restaurant, and allegedly saw Stidd and Bizzarro standing near the driver’s cab of his truck, “talking or arguing,” court records read, but said he couldn’t hear what they were saying because the freezer unit in his truck was running.

Rhebergen said he started up the ramp of his truck for more supplies when he allegedly saw Bizzarro push Stidd, causing Stidd to step back. Rhebergen entered the trailer, and then heard a “bang” followed by something hitting the side of the truck, court records read.

He left the trailer, saw Bizzarro on the ground and Stidd standing about 10 feet back from him, holding something in his hand. Rhebergen said that Stidd made the statement, “‘I warned him and he wouldn’t stop,’” court records read.

Rhebergen said he realized Stidd was holding a gun, and watched Stidd put it in his pocket. Rhebergen told police he saw Barbara Stidd in the parking lot, talking on a cell phone, the criminal complaint read.

On Jan. 17, 2015, an autopsy was performed on Bizzarro. It was determined he died from a single gunshot wound to the chest, court records read.

The Derringer taken from Stidd was examined by state police, who determined one round had been fired and the second had an indented primer, “indicative of a possible weapon malfunction or misfire,” the criminal complaint read. “A closer examination of the live round of ammunition led to the discovery that ‘MEL’ was carved into the lead portion of the bullet.”

On Jan. 16, 2015, state police interviewed Chaz Zawatski, 23, an apparent friend of Bizzarro’s. Zawatski told police he and Bizzarro had talked about Bizzarro’s relationship with his wife, and that about a week before the shooting, Bizzarro allegedly “told him that Steve threatened to shoot him,” the criminal complaint read.

On Feb. 24, 2015, a preliminary hearing was held before Cercone in Bradford. Raymond Learn was district attorney then, and Stidd’s defense consisted of attorneys Greg Henry, James P. Miller and now-district attorney Stephanie Vettenburg-Shaffer. At the conclusion of the hearing, Cercone dismissed all the charges.

However, the investigation continued.

On March 26 of that year, a state police lab report was issued, indicating the round remaining in Stidd’s Derringer had misfired. Through a series of tests, state police determined the muzzle of the gun was 12 to 24 inches from Bizzarro when it was discharged, court records read.

Upon further investigation, police learned that Stidd had received his license to carry a firearm 20 days before the shooting, the criminal complaint indicated.

On Dec 16, 2015, after Shaffer had been elected district attorney and Learn had resigned from the remainder of his term in office, the case was transferred to the attorney general’s office.

“The referral authorized the Pennsylvania Office of the Attorney General to investigate the possibility of re-filing criminal charges in this case,” the complaint read.

On Aug. 4, 2016, Cleland appointed Engman to act as the issuing authority in the case.

On Dec. 5, 2016, state police interviewed David Sweetapple, who had been employed at Togi’s at the time of the shooting and was friends with both Stidd and Bizzarro. He said he was aware of the problems between the two. He told police at on one occasion, when he and Stidd were preparing food at the restaurant, Stidd allegedly “motioned with his finger as if he was pointing a gun and said, ‘bang bang Bizzarro,’” the criminal complaint read.

Sweetapple said that on other occasions, Stidd would talk about calling the police if Bizzarro went to the restaurant. At the same time, he allegedly “tapped his pants pocket and told him if the victim came to the restaurant ‘I got something for him,’” the complaint read.

Sweetapple allegedly told police he knew Stidd carried a gun in his pocket because he saw the gun in the past, the court records indicated.

Stidd was arraigned at 10 a.m. Tuesday before Engman. He was remanded to jail, as a district judge does not have the authority to set bail on a criminal homicide charge.

Stidd is again represented by Henry.

“We believe that Stephen Stidd is innocent,” Henry said. “Over two years ago a neutral magistrate concluded that the evidence for justification was evident and compelling. With the refiling of these charges, the state government has pronounced its unalterable intention to try the case. With the grace of God, Steve’s peers will see for themselves the truth of his innocence.”

Joe Grace, spokesman for Attorney General Josh Shapiro, said, “I believe the criminal complaint indicates the nature of the conflict and why the case came to the attorney general’s office. We support the charges as filed. We’ll stand on the criminal complaint and the charges in it.”

Special prosecutor for the case is L. Todd Goodwin, senior deputy attorney general.

Reached Tuesday afternoon, Shaffer had no comment on the matter.