Man accused of shooting outside bar
CHICORA — A Fairview Township man will stand trial for allegedly firing a shotgun blast out his vehicle as he drove past a borough tavern that he had been thrown out of twice on the same night.
The shot, state police said, narrowly missed the co-owner of the Last Laugh Bar & Grill on Route 68 who was outside and spotted a flash come from the vehicle and heard the gun go off.
But no one apparently saw Gary Ellenberger fire the shot early on the morning of Dec. 19, according to testimony Tuesday at his preliminary hearing. And it wasn't until some 15 hours later that anyone bothered to call police about the shooting.
District Judge Lewis Stoughton, nevertheless, ordered Ellenberger, 43, of 362 Cherry Road held for court on several charges including a felony count of discharging a firearm into an occupied structure.
Ellenberger had arrived at the bar about 11 p.m. Dec. 18 and not long after challenged some of the other drinkers to arm-wrestle him, police said.
When the defendant became loud and obnoxious, Dave Collier, one of the bar owners, ordered him out. But Ellenberger threatened to beat up him, police said.
Kathy Lowers, the bar's other co-owner, a long-time acquaintance with Ellenberger, testified she "escorted" the defendant outside and advised him not to return.
Not long after, Robert Stewart, who was making a food run that night, came into the tavern and told Lowers a troubling conversation he had just had with Ellenberger.
The defendant told Stewart he was going to retaliate against Collier and was headed home for a gun, according to Lowers.
Stoughton allowed the testimony despite objections from Ellenberger's testimony, David DeFazio, that it was hearsay since Stewart was not at the hearing. Assistant District Attorney Kristine DeMarco assured Stoughton that Stewart would testify, if needed, at trial.
The defendant returned to the bar just after midnight and was led outside by Lowers a second time.
Lowers later noticed a white sport utility vehicle traveling up the hill on Route 68. She knew the defendant drove a white SUV, but she knew neither the make nor model.
Lowers was just several feet from the road when she saw "a red flash" come from the passenger side of the vehicle.
"Then I heard a big bang," she said.
She only saw what she described as a "silhouette" of the driver, and believed it was Ellenberger.
But on cross-examination, Lowers admitted not only could she not identify the shooter, she did not see what caused the flash she had seen.
The noise prompted Collier and three others to rush outside the bar; but no one saw anything.
"It was snowing and dark," Collier testified.
It wasn't until late that afternoon that Collier and Lowers uncovered evidence of the shooting. Collier said he found the rear of his pickup damaged and shotgun pellets around the truck parked outside the bar.
More pellets were found around the damaged door of an apartment at the same building as the bar.
The bar owners called police and reported the shooting they had finally pieced together.
DeFazio wondered why no one had called police immediately after the defendant's alleged threat that night followed by the mysterious flash and bang.
"I didn't believe he'd do it," Lowers replied.
Ellenberger, who is free on recognizance bond, is also charged with simple assault, reckless endangerment, criminal mischief and harassment.