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Court denies appeal in Tamaqua shooting

Pennsylvania’s Superior Court has denied an appeal by Charles D. Heffelfinger Jr., the Tamaqua man who shot and wounded another man during an argument on Orwigsburg Street in Tamaqua in February 2017.

In October 2018, Schuylkill County President Judge William E. Baldwin sentenced Heffelfinger, now 25, to 6 to 12 years in state prison on charges of aggravated and simple assault, and recklessly endangering another person. On appeal, Heffelfinger claimed that the evidence was insufficient to support his aggravated assault and reckless endangerment convictions.

The appeal was not approved for several reasons, according to the Superior Court ruling. “When challenging the sufficiency of the evidence on appeal, the appellant’s statement must specify the element or elements upon which the evidence was insufficient,” the court responded. “Such specificity is of particular importance in cases where, as here, the appellant was convicted of multiple crimes — each of which contains numerous elements that the commonwealth must prove beyond a reasonable doubt.”

The Superior Court also found fault with attorney Ken Watkins, who represented Heffelfinger and submitted the brief for the appeal.

“Attorney Watkins has been advised on several occasions that a challenge to the sufficiency of evidence requires specificity,” the court wrote. “However, he continues to cite nonspecific claims of insufficient evidence as a ground for a new trial.”

“The appellant was convicted of a total of seven counts relating to three victims,” the court continued. “The presentation of evidence at the trial spanned two days and approximately 208 pages of trial transcript.”

Heffelfinger’s sentences were five years and six months to 12 years on the aggravated assault charge, six to 12 months on the first reckless endangerment charge to be served at the same time, and an additional six to 12 months on the second reckless endangerment charge, to be served after he completes the sentence for aggravated assault. A charge of simple assault was merged with the aggravated assault charge.

Heffelfinger shot Gary Reidel after an argument outside of Heffelfinger’s parents’ home on Orwigsburg Street. Just before the shooting, Reidel and another man had driven Heffelfinger’s father home from a bar where they all had been drinking.

During the trial, Reidel testified that Heffelfinger confronted him as he and another man tried to help Heffelfinger Sr. out of the car, leading to an argument. Reidel and the other man, Troy Meckes, both testified that Reidel removed his shirt and offered to fight, at which point the younger Heffelfinger drew the gun. Reidel sustained a gunshot wound to the back. He was conscious when police arrived and told them that Heffelfinger shot him.