Shooting victim faces gun, assault charges

Most charges filed against the original suspect were dismissed.
By LAURE CIOFFI
VINDICATOR PENNSYLVANIA BUREAU
NEW CASTLE, Pa. -- A shooting victim has now become a shooting suspect.
New Castle police have charged Marlon Mercer, 19, of Big Run Street, with aggravated assault and carrying a firearm without a license. Mercer was arraigned Tuesday before District Justice Melissa Amodie.
Mercer and another man, Lee Campbell, had been shot March 20. Police say they were shot by Kailin Stewart, who is being held on $200,000 bond. Stewart was scheduled to appear in Lawrence County Central Court Tuesday for a preliminary hearing on two counts of aggravated assault and two counts of carrying a firearm without a license -- one charge for each victim.
However, Assistant District Attorney Tom Minett said the district attorney's office dropped the aggravated assault charges and one count of carrying a firearm without a license.
Minett said that Campbell refused to testify and that evidence gathered subsequent to Stewart's arrest does not support the aggravated assault charge regarding Mercer.
Stewart still faces a charge of carrying a firearm without a license and waived his right to a preliminary hearing on that charge Tuesday in central court.
Police now think Stewart was defending himself when he shot Mercer and Campbell.
What was reported
According to the affidavit filed to support the charges against Mercer, Mercer and another man were arguing with a third person over a gun at the Neshannock Village public housing complex. Neither of the other two was involved in the shooting.
Stewart told police he was worried the argument would escalate and he told the men they weren't ready to go through what he has been through with the law.
Stewart was free on a bond in an unrelated homicide at the time.
According to court papers filed to support Mercer's charges, Mercer got angry at Stewart and asked him if he thought he was "sweet" or lacked the courage to shoot someone.
Police said Stewart told Mercer that Mercer may be ready to pull the trigger, but not ready to deal with the consequences.
Stewart told police Mercer walked up to the porch of the Neshannock Village apartment and asked Campbell for his gun. Mercer started chasing Stewart and firing the gun before Stewart shot back, said police, adding that Campbell was hit by shots fired at Mercer.
Police said they recovered several spent shell casings in the parking area that support Stewart's version of events, that the shootings took place during a chase.
Officers said Mercer is still recovering from his gunshot wounds at home and was released without monetary bond after his arraignment.
Unrelated homicide
In the unrelated case, Stewart is charged with criminal homicide and conspiracy in the February 2004 shooting death of Carmen Oliva.
Stewart; his father, Ronald Gilmore Jr., 36; and another man, Andrae Jackson, 23, of Sankey Street, were charged in Oliva's shooting death, but Stewart and Jackson were released from jail in January on $1 bond each.
cioffi@vindy.com