Stephen D. Stidd will remain jailed as a pending homicide case against him unfolds.
Senior Judge John Cleland on Friday denied a request by defense attorneys Greg Henry and James Miller that bail be set. Stidd, 64, of Bradford, has been in McKean County Jail without bail since April 18 pending the outcome of the case.
Stidd is accused in the shooting death of his former son-in-law, Melvin Bizzarro, on Jan. 16, 2015. Stidd has not denied pulling the trigger, but his stance since the day of the alleged incident was that he acted in self-defense, according to his lawyers.
According his order, Cleland determined bail should not be set in the case due to the seriousness of the charge, as well as because the Commonwealth has met the standard of proof required to deny bail.
“The Defendant has been charged with murder in the first degree, an offense which carries a possible penalty of life imprisonment,” the judge declared.
Cleland refers to the Constitution of Pennsylvania, which includes “offenses for which the maximum sentence is life imprisonment” — such as first-degree murder — in the list of offenses for which a person is not entitled to bail.
At a preliminary hearing April 26, District Judge David Engman determined that the prosecution was able to establish a prima facie case — or a enough evidence to continue to prosecute.
“Counsel argued, however, that establishing a prima facie case is inadequate to support a denial of bail,” Cleland wrote. “In his view, the Defendant is entitled to bail unless the Commonwealth meets a heightened evidentiary standard.”
However, the Commonwealth disagreed, contending the law indicates “a defendant charged with murder of the first degree ineligible for bail; or if the Defendant is eligible for bail, bail may be denied if a prima facie case has been established,” Cleland wrote, summarizing the Commonwealth’s argument.
To determine what standard of proof needed to be met to make a bail decision — and whether prima facie-level evidence is sufficient — Cleland referred to a 2013 case in Lackawanna County. The judge in that case concluded that it is a bailable offense but felt prompted by precedent “to apply a prima facie standard” to whether bail should be granted, according Cleland.
As the defense and prosecution agreed the prima facie standard was met, Cleland did not grant the bail motion.
While Cleland denied bail to Stidd, the judge noted in his order that the bail decision does not reflect whether Stidd is guilty or innocent.
“Of course, it is critically important to note that the Defendant is presumed to be innocent, and that the pre-trial ruling by the District Judge in binding the case over to court and by me in determining whether to grant bail are based on the limited evidence presented to date and have no bearing on the ultimate decision to be made by a jury after a trial held according to law,” Cleland wrote.
Testimony given at Stidd’s preliminary hearing indicated that on the morning of Jan. 16, 2015, Stidd and Bizzarro were in an argument in the back parking lot of Togi’s Restaurant, owned by Stidd, when Stidd shot Bizzarro in the chest with a revolver.
According to a food delivery truck driver who was making a delivery there at the time, he saw Stidd move back in an unnatural way, like Bizzarro had made contact with him, while he was taking supplies down the ramp from his truck. When he went back up the ramp to the truck, he heard a gunshot.
Just after the shooting, Stidd repeatedly told him that Bizzarro wouldn’t stop coming at him, the truck driver related.
Police officers who testified stated that after the alleged incident, Stidd’s revolver contained one live round — which had the letters M-E-L inscribed in the lead.
Stidd was first charged the same day of Bizzarro’s death, but the charges — filed by Kane-based state police — were dismissed March 11, 2015, at a preliminary hearing before District Judge Dominic Cercone.
Charges were filed again on April 18, 2017, by the state Office of the Attorney General.
No upcoming court appearances are listed on the online criminal docket.
