Port Carbon property owner waives hearing; alleged burglar was shot in February 2023

PORT CARBON — The property owner who shot a man allegedly burglarizing his unoccupied building in February 2023 waived his right to a preliminary hearing Tuesday.

Vincent A. Yakaitis, 74, of Pottsville, appeared before Magisterial District Judge David A. Plachko, Port Carbon, briefly to sign paperwork. Through his lawyer, attorney Christine A. Holman, Yakaitis declined comment.

Yakaitis was charged with two misdemeanors of firearms not to be carried without a license. Plachko arraigned him previously on $10,000 unsecured bail.

Dennis J. Powanda Jr., 40, the man Yakaitis shot, has been 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.

Powanda’s preliminary hearing is scheduled for 12:15 p.m. May 21.

State police at Schuylkill Haven charged both men for a Feb. 7, 2023, incident that occurred shortly before 2 a.m. at 222 Second St., Port Carbon.

A warrant earlier requested by state police criminal investigator Trooper Justin Bedford identified Powanda as the intruder and Yakaitis as the shooter.

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 that Powanda had charged at him.

Powanda was flown to Lehigh Valley Hospital-Cedar Crest, Allentown, after being shot three times — in the abdomen, his right flank and his spine, Bedford said previously.