Powanda Takes the Stand Just Prior to Courthouse Evacuation

Dennis Powanda Jr. had just taken the stand in his own defense during his burglary trial on Tuesday morning.

But after only a few minutes of testimony, his own attorney, Joe Nahas, interrupted the proceedings by announcing to Judge William Burke, “Your honor, the Courthouse is being evacuated. There is a bomb threat.”

It was Day 2 of Powanda’s trial. He’s accused of burglarizing a Port Carbon property on an early-February night in 2023. During the incident, the property owner shot and paralyzed him.

Needless to say, the evacuation order put a quick halt to Powanda’s anticipated testimony, delaying the trial for five hours, at first, and ultimately for the rest of the day. Those in attendance quickly filed out of the courtroom and made their way to the Courthouse exits.

When the Courthouse reopened and the trial reconvened, it was revealed that during the delay, Powanda required medical treatment and received medication. Burke felt it prudent to suspend the trial until Wednesday, when it’s expected to come to a conclusion.

Prior to the evacuation, Powanda began telling jurors about the events leading up to his getting shot outside the property he’s accused of burglarizing. On Tuesday, accommodations were made to make it easier for him to testify.

Since he’s restricted to a wheelchair, Powanda is unable to take the stand as other witnesses do. Furniture in the courtroom was moved around and Powanda wheeled his chair in front of the attorneys’ tables and faced the jury. Nahas sat at a tiny table facing him about seven feet away.

Burke took advantage of an empty seat in the jurors box and moved from behind his bench to sit there among the 13 jurors. One juror was excused on Monday prior to the trial starting due to a personal conflict with Nahas.

In his abbreviated testimony, Powanda told jurors he lives in Mechanicsville (a tiny borough bordering both Pottsville and Port Carbon, for those unfamiliar) about six blocks from where he was shot.

Powanda said he’d gotten into an argument with his wife earlier that night and left to allow tempers to cool. So, he walked to that friend’s house in Port Carbon to stay there for a bit.

With him, Powanda told jurors he bundled in layers, carried a flashlight and wore a head lamp, and brought along a green duffel bag. He said he usually carries that duffel bag on his walks.

After he got to his first friend’s house on Jackson St. in Port Carbon, Powanda said he didn’t stay long and then made his way to another friend’s house in Schoentown. He stopped at Turkey Hill in Port Carbon get a drink.

That’s about as far as Powanda got in his testimony before the Courthouse was evacuated.

Earlier on Day 2, State Police Trooper Justin Bedford continued his testimony that started on Monday. During that testimony, Bedford told jurors the steps of the investigation he was leading.

It was that investigation and the evidence gathering that Nahas zeroed in on Tuesday. On Monday, he spent the balance of the day questioning the prosecution’s star witness, Vincent Yakaitis, 77, of Palo Alto.

Those questions persisted with Bedford.

The attorney argued that State Police did not collect any evidence from the property site and have no proof that Powanda was inside the building as Yakaitis had testified.

“Do you have anything here today to show me forensics went in and gathered any evidence,” Nahas asked.

Bedford responded that no such evidence exists. He added that there’s also no evidence Yakaitis’ property at Second and Morris streets suffered a forced entry by a burglar.

Nahas used his opportunity cross-examining Bedford to counter what Yakaitis said to him at this trial, pointing out several discrepancies between what he testified to on Monday and what was said in police interviews and a previous court appearance, including why he was taking two guns to the property and whether he pointed a gun at suspected intruders at that same property in the month prior to the incident with Powanda

Bedford also admitted that it was Yakaitis was the leading suspect in their investigation because, at the time, he was being considered for an attempted homicide charge, which was never filed.

Powanda is expected to return to face jurors and tell his side of the story on Wednesday.

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