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Shooter convicted of six charges

A Monroe County man was convicted Wednesday by a Carbon County jury of six of seven criminal counts that were filed against him stemming from a shooting incident in Lower Towamensing Township.

The panel of seven women and five men took just over an hour to convict Brian James-Paul Hines, 36, of Brodheadsville, of aggravated assault-attempting or causing serious bodily injury; aggravated assault-attempting or causing bodily injury with a deadly weapon; simple assault-attempting or causing bodily injury; simple assault-negligently causing bodily injury with a deadly weapon; recklessly endangering another person and firearms not to be carried without a license.The panel found him not guilty of the most serious charge - criminal attempt-criminal homicide.Following the announcement of the verdict Assistant District Attorney Joseph Matika, who prosecuted the case, moved that the unsecured $10,000 bail be revoked and new bail set.Senior Judge John J. Rufe, of Bucks County and specially presiding, revoked the unsecured bail and set new bail at $10,000 straight cash. Hines was unable to post the bail and was remanded to the county prison in Nesquehoning.The trial began on Monday afternoon. Hines was accused of shooting Gary Hoffner, 32, in the face during a confrontation that occurred near the victim's home along Lower Smithgap Road. The incident occurred on Nov. 9, 2009.Hines had gone to the area after he previously accused Hoffner of stealing a space heater from his trailer home. The two men were once friends but the friendship had soured. Testimony at trial called the friendship "good and bad."Testimony revealed that Hines drove by Hoffner's home and was turning around when the victim came down the road in his pickup truck and pulled alongside Hines' car. An argument began between the two along with Hines' girlfriend, Anna Winger, and Jason Boyle, who was with Hoffner and was identified as his girlfriend's son.Winger and Boyle exited their respective vehicles and met to the rear of the truck and front of the car.Hoffner testified at this point Hines pulled out a handgun and pointed it at Boyle. Hoffner said he got out of his truck to protect Boyle when Hines shot him.The bullet entered Hoffner's right nostril. Hoffner was initially taken to the Palmerton hospital and later transferred to the Lehigh Valley Hospital, Salisbury Township. He had to undergo surgery in which his jaw was wired shut for a month. Hoffner said the bullet and bullet fragments remain in his head and he continues to suffer with headaches.Hines gave state police trooper Patrick Finn, who filed the charges, two recorded and written statements.In the first statement he claimed Hoffner had the gun. He said Hoffner got out of his truck when Boyle and Winger left the vehicles and had a gun in his hand. He said he grabbed it and during a struggle it accidentally went off, striking Hoffner in the face. He said the gun ended up in his car and he and Winger fled the scene. He later threw the gun in Lake Mineola, in Monroe County.After Finn confronted Hines with evidence that his story was not true, he gave a second statement, more than four hours after his first. In the second statement Hines said he had the gun, which was under the front seat of his car. He said he pulled it out to protect Winger, who he thought was in danger because of Boyle.He said he pointed the gun at Boyle at which point Hoffner exited his vehicle and grabbed the gun. It then went off striking Hoffner in the face. He also claimed he had purchased the gun two weeks prior from Hoffner.Hines did not testify at the trial.Defense Attorney Stephen Vlossak Sr. argued to the jury that the second statement was made under stress. He said Hines was held for more than four hours without being given any food or water and wasn't allowed to use the bathroom. He also argued that the evidence showed that Hines intended to kill Hoffner.Matika told the jury that the case was about lies and said that Hines and Winger both lied on several occasions to the police about what happened. He pointed out that the second statement given by Hines to police mirrored the one Hoffner had given, indicating the victim had been telling the truth all along.Rufe ordered the Carbon County Adult Probation office prepare a presentence investigation (PSI) prior to sentencing. Sentencing has been scheduled for Oct. 17.