Summerville Woman Pleads Guilty in Shooting Incident

BROOKVILLE, Pa. (EYT) — A Summerville woman who fired a gun during a domestic incident in March has pleaded guilty to two misdemeanor charges.

Kimberly Opal Moats, 28, of Summerville, was originally charged with criminal attempted homicide, two counts of aggravated assault, one count of recklessly endangering another person and one count of simple assault after a March 9 incident that occurred on Toadtown Road, Clover Township.

On Wednesday, October 5, Moats pleaded guilty to simple assault and recklessly endangering another person in front of President Judge John H. Foradora. Both charges are second-degree misdemeanors.

She was sentenced to 9 to 24 months on the simple assault charge and two years probation on both charges, to be served consecutively.

According to a previously published story on explorejeffersonpa.com, state troopers from the Clarion and Punxsutawney barracks responded to a call at 9:19 p.m., Wednesday, March 1, from a known, 30-year-old man, also of Summerville.

The man reported a verbal argument had escalated to the point where a gun had been fired.

In the criminal complaint by the state police, Moats told Trooper Paige Pifer that she and the man were arguing about the care of her daughter earlier than evening.

Allegedly, the verbal argument became physical. Moats said that the man struck her with both hands, kicked her, and dragged her into the living room.

That’s when Moats grabbed a .30-30 rifle from the living room of her home and confronted the man in the kitchen.

Moats fired one round from the gun striking a door near the man’s head.

Moats then ran outside, fleeing the scene. She returned and was taken into custody by the troopers after their arrival. Moats surrendered without incident and posed no threat to law enforcement.

According to the complaint, Moats told Trooper Pifer that she got the gun because she was tired of getting beaten.

Moats said she wanted to scare the man and was shocked the gun went off.

Around 9:50 p.m. on March 9, the man was interviewed on the scene. He explained that “he and Moats had been drinking and got into an argument regarding the care of her daughter.”

The argument escalated in intensity to the point in which the man and Moats were pushing and grabbing each other. He was in the kitchen when Moats went into the living room and retrieved a .30-30 caliber rifle from behind the door.

“Moats leveled the rifle on her hip, made a statement to the effect that she was going to kill him, pointed it in his direction, and pulled the trigger. The bullet struck the kitchen door approximately one to two feet from his head. Moats loaded another round into the chamber as the man was yelling at her, asking why would she want to shoot him,” the complaint indicates.

The victim stated that he “pulled Moats backed into the living room and pushed her down onto the couch. The victim said he struck Moats in the head with his fist and pulled her back into the kitchen away from the gun, then she fled out the door,” the complaint continues.

During the interview, Trooper Powell, of PSP Punxsutawney, asked the victim if Moats had ever shot or loaded this particular gun in the past, and he said that “she knew how to shoot this gun as she used it to hunt deer this past season. The victim also confirmed that Moats had fired the gun in the past and that she knew the gun was loaded,” the complaint states.

Trooper Powell examined the scene and noted a bullet hole in the door leading from the kitchen to the back porch. Trooper Powell also discovered an empty shell casing under the edge of the kitchen stove and a 30-30 caliber Winchester rifle on the coffee table in the living room along with three live rounds, the complaint indicates.

Trooper Patrick Berggren, of PSP Clarion, stated that he had rendered the rifle safe by removing three live rounds, one of which was in the chamber, the hammer was in the cocked position, and the firearm is not equipped with a safety, the complaint states.