Intruder came 'flying out' of building, man who shot him testifies about Port Carbon incident
PORT CARBON — A man left paralyzed after being shot while he was allegedly burglarizing a vacant property in February 2023 had all charges bound over to county court during a preliminary hearing Tuesday.
The man charged with shooting Dennis J. Powanda Jr., 41, of Pottsville, meanwhile, testified at the hearing that Powanda came “flying out” of the building toward him.
Powanda, who has to use a wheelchair, attended the 12:15 p.m. proceeding in Magisterial District Judge David A. Plachko’s courtroom in Port Carbon. He was represented by attorney Joseph P. Nahas Jr.
Also present was Vincent Yakaitis, 74, of Pottsville, who said that he shot Powanda when the man came out of the unoccupied building.
David Noon from the Schuylkill County District Attorney’s Office represented the prosecution.
“Unfortunately, credibility is not an issue for today,” Nahas said after the preliminary hearing, suggesting that he disputes Yakaitis’s account of what happened. Nahas wouldn’t say anything further.
Powanda is charged with felony burglary and criminal trespass; and one misdemeanor count each of possessing an instrument of crime, theft and receiving stolen property.
Plachko had arraigned him earlier and set bail at $25,000 unsecured.
The case now goes to the Schuylkill County Court, where Powanda can plead guilty or plead not guilty and seek a trial.
Yakaitis previously waived his right to a preliminary hearing.
More recently, he appeared briefly before Plachko to sign paperwork. Through his lawyer, Christine A. Holman, Yakaitis declined comment.
He was charged with two misdemeanors of firearms not to be carried without a license. Plachko arraigned him previously on $10,000 unsecured bail.
Powanda didn’t testify Tuesday, but Yakaitis and a state police criminal investigator, Trooper Justin Bedford, did.
Yakaitis testified for about seven minutes regarding the Feb. 7, 2023, early morning incident at 222 Second St., Port Carbon.
He said the building was used to store items he was taking to his new home. He told the court he parked his car and noticed Powanda trying to play with the locks and later entering the building. At first Yakaitis said that he didn’t see Powanda leave, but then said he did.
“The door came open and he came flying out” toward me, Yakaitis said.
Between 10 to 15 minutes elapsed from the time he saw Powanda enter and leave. He didn’t call police but went to get his phone.
Bedford, who didn’t see Powanda at the scene, said that among the items police found in his possessions was a Sealy bag with a stamp on it. Yakaitis worked for Sealy.
A large duffel bag and a backpack were also found that contained a headlamp, flashlight and gloves.
“He told you he was never in that building, correct?” Nahas asked about Powanda.
“Yes,” Bedford said.
Bedford said that upon arrival, the front door of the building was open. He further testified that no DNA was found on the door.
“Mr. Powanda was shot in the street,” Bedford said, estimating it was about 10 feet from the front door.
Powanda was found lying on Morris Street. Yakaitis told Pottsville police Cpl. Jonathan Randolph that he was the one who had shot the man.
Yakaitis had said while in custody just after the shooting that someone broke into his residence and that he was having problems there.
He also alleged just after the shooting that Powanda had charged at him.
Powanda was flown to Lehigh Valley Hospital-Cedar Crest, Allentown, after being shot in the abdomen, his right flank and his spine, Bedford said after the shooting.
