Andreas man given prison sentence, fine David Zellner fired shots at 2 neighbors last year
An Andreas man who fired shots at two neighbors during a dispute last year was sentenced to prison Friday afternoon by a Schuylkill County Judge.
David S. Zellner, 40, of 1520 Penn Drive, Andreas Village, West Penn Township, had been found guilty by a jury last September of two counts of recklessly endangering to neighbors, Jason and Allen Dekorte, on his property.The incident took place on his property late in the evening of Aug. 20, 2009 when he greeted the two men who came to his door with a 38 caliber pistol. He fired several shots but no one was injured.Judge Charles M. Miller sentenced Zellner on two counts of recklessly endangering another person to serve 11 1/2 months to 23 months in the Schuylkill County Prison. He will report to prison on Monday, Nov. 1 at 9 a.m.Along with a $500 fine imposed by the judge, Zellner must pay $100 to the Criminal Justice Enhancement Account and when on probation, perform 50 hours of community service. The judge also made him eligible for work release while in prison.Assistant District Attorney A. J. Serina, who prosecuted the case, was asking for a sentence of one to two years in a state correctional institution because a dangerous weapon was used. Serina said the victims concurred with his proposal.Attorney Nicholas Quinn, who represented Zellner, argued to have Zellner serve his term in the county prison so he can keep his job as construction worker to support two of his own children and one of his fiance. Both his ex-wife, who divorced him in Sept. 2009, and his fiance asked the court to have him placed on probation because he supports the children.In addressing the court, Zellner apologized to the parent's of the two young men who were in court."I am sorry all this is going down. It will never happen again," he said.He also told the judge since his trial he has been seeing a psychologist.Judge Miller agreed with the commonwealth that it was a serious incident because a deadly weapon was used. At the trial, the testimony was given that Zellner fired several shots in the direction of the two boys who came over to his place to find out about his call to their home complaining about the loud banging noise caused by a fork lift removing equipment from a truck.The youths had come home from a construction job.Along with a $500 fine imposed by the judge, Zellner must pay $100 to the Criminal Justice Enhancement Account and when on probation, perform 50 hours of community service. The judge also made him eligible for work release while in prison.