The estranged wife of a Schuylkill County man testified against him Wednesday at a preliminary hearing in a domestic violence case.
Casey Nowak, 37, is facing charges of felony strangulation and endangering the welfare of a child, along with misdemeanor counts of simple assault, reckless endangerment, and a summary offense of harassment.
Following a preliminary hearing on Wednesday, Magisterial District Judge Edward Tarantelli held those charges over for Schuylkill County Court of Common Pleas.
During that hearing, Nowak’s estranged wife testified to coming home from running errands with the couple’s infant daughter on Sept. 1. When they arrived at their home, she said Nowak was intoxicated.
However, during cross-examination by Nowak’s attorney, Joe Nahas, questioned her and had her admit that she didn’t actually see him drinking when she got home.
The wife did testify that she picked up alcohol for him on her errands and that he wanted to stay home to relax instead of running errands.
During her direct testimony, Nowak’s wife said when she got home that day, the two began arguing.
“I told him I was leaving,” she said.
Later, she said on the stand during cross-examination that she’d left the house several days prior to this incident.
She testified that she’d already packed some of her and their child’s belongings. When she came down the stairs, she said Nowak was at the bottom of the staircase and allegedly said, “You’re not leaving,” as he blocked her path.
At that point, she testified that Nowak put his hands on her throat and squeezed. He then allegedly struck her multiple times, including in the jaw, the head, and back, according to her testimony.
As Nowak attacked her, she said that she shielded their baby in her arms. However, Nowak allegedly grabbed the infant and made his way to a back deck. She said she followed him and attempted to take the baby back.
That’s when Nowak allegedly grabbed his wife by the neck and squeezed again.
She testified that she told her husband, “I can’t breath” and he allegedly replied, “That’s the point.”
“I tried to grab at him to stop him from grabbing the baby,” she said.
She testified that eventually, Nowak stops preventing his wife and their child from leaving. He told her to “take the Tesla” and leave, she added.
After leaving the house, she said she drove to a pool area on their property, believing it was a place Nowak would not find her. She said that after she left in the car, he got in his truck and sped down the road but wrecked.
When that happened, she said she went back to their house and collected their dogs and left for her parents’ home.
The next day, she sought medical attention at an urgent care facility, which told her to go an emergency room. She testified that she’d been diagnosed with a concussion, bruising, and had ligature marks on her neck.
During cross-examination, Nahas questioned the victim about what triggered the fight that day. After asking if she’d actually seen Nowak drinking that day, he asked if the fight was over his putting away the groceries.
In response, she denied that. She said Nowak was mad that she hadn’t put away the groceries.
As for when Nowak reportedly said “You’re not leaving,” Nahas pressed the witness on what his client says was actually said that day. The victim confirmed that Nowak actually said, “You’re not leaving again with my child,” because she’d left the house a few days prior.
The victim also admitted to being angry the day of this alleged incident, too, but denied hitting her husband three times and trying to push her thumb in his eyes.
Nahas also questioned her about a ball-peen hammer, which she admitted to picking up after Nowak had first taken the child during the argument.
She denied going after Nowak with the hammer but did say she had the hammer in her hands when she insisted her husband hand her their baby.
“I picked it up and I set it back down,” she said. “I told him to put (the baby) down.”
“While holding the hammer, correct?” Nahas asked.
She answered, “Yes.”
Nahas also asked the witness if his client told her to “take the Tesla” in an attempt to deescalate the situation, which she admitted was true, and that he eventually did not prohibit her from leaving the home.
During final arguments, Schuylkill County Assistant District Attorney Tom Pellish successfully argued for holding all charges against Nowak over for a potential trial, including strangulating, saying that the threshold the Commonwealth had to meet was that the defendant impeded breathing.
He also said that a charge of endangering the welfare of a child was warranted because the baby could have been injured during the fracas.
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