The trial of a Schuylkill County man accused of attempted homicide in a November 2024 road rage incident on Route 61 is expected to get underway this morning.
Eric Kohl, 30, of Orwigsburg, is accused of attempted homicide for allegedly firing a handgun at another motorist during a road rage dispute on Route 61 in West Brunswick Township on Nov. 19, 2024.
State Police allege that after a verbal argument at an intersection, Kohl fired multiple shots at the other motorist, striking the passenger tire of the Kurten’s vehicle.
Police say Kohl admitted to firing his gun at that other motorist, Blake Kurten. Kohl’s defense is that Kurten advanced on him during the altercation and that he fired in self-defense.
Kohl’s trial is expected to last two days. It’s being held inside Courtroom 2 at Schuylkill County Courthouse, with President Judge Jacqueline Russell presiding. First Assistant District Attorney Michael Stine is arguing the case for the Commonwealth. Kohl is represented by Pottsville attorney Douglas Taglieri.
In addition to the charge of attempted homicide, Kohl is also facing felony charges of attempted aggravated assault with extreme indifference and attempted aggravated assault with a deadly weapon. He’s also being charged with misdemeanor counts of simple assault, reckless endangerment, and disorderly conduct.
Kurten Testified at Preliminary Hearing
At a preliminary hearing in this case before then-Magisterial District Judge Andrew Serina in February 2025, Kurten testified that he dove behind his vehicle when he saw flashes from Kohl’s gun.
Prior to that, he said Kohl came up behind him on Route 61 near Deer Lake and then drove in front of his vehicle before giving him a brake check. He said he tried to pass Kohl to get away but Kohl attempted to swerve his vehicle into his.
The altercation allegedly continued when, as Kurten testified, Kohl briefly opened the door of his vehicle and started to get out. Kurten said he tried to speed away from the scene but Kohl got back in his vehicle and the pursuit continued north on the highway.
Eventually, both drivers got out of their vehicles at the highway’s intersection at Municipal Rd. During cross-examination during the preliminary hearing, Kurten admitted to stepping at Kohl because he believed a verbal confrontation was about to happen. He described it as getting within “arguing distance” of Kohl.
But as he got closer, Kurten said, he saw Kohl reach to his hip and pull out a handgun. That’s when he said he dove behind his vehicle to avoid getting hit. Kurten testified that he heard six gunshots.
Evidence Rules Discussed
At a pre-trial hearing on Friday to discuss evidence that might be introduced during this week’s trial, Taglieri filed several motions on behalf of his client.
The Death of George Marcincin
Kohl wants to argue that while the incident with Kurten was ongoing, a previous and recent road rage incident and its outcome was going through his mind. And that’s why he drew his weapon.
On April 12, 2021, not far from the incident at the center of this case, George Marcincin, 38, was stabbed to death on Route 61. Tamiir Whitted was ultimately acquitted of first-degree murder by a jury in Marcincin’s death. That same jury deadlocked on a third-degree murder charge.
Whitted was found guilty of aggravated assault, aggravated assault with a deadly weapon, and other misdemeanor offenses.
On Friday, Kohl briefly took the stand to say that he became aware of Marcincin’s death after reading a news report on Facebook.
He said what was going through his mind at the time of his incident was, “A mile from where Mr. Kurten came at me, a man was stabbed to death. I feared he had a knife and would do me harm.”
Kurten’s Crimen Falsi (Crimes of falsehood)
It became clear on Friday that another key defense strategy will be to damage the credibility of Kurten and the accusations he’s made against Kohl.
The defense plans to introduce as evidence prior acts by Kurten which jurors should consider when weighing the credibility of the claims he’s making in this case.
One of those is a crime that was committed more than 10 years ago and whether than can be admitted.
Stine argued that bringing that up is just “another way to smear (Kurten) besides what else is going to come out.”
He said there are two other witnesses that reportedly saw what happened during the incident on Route 61.
Taglieri argued that the oldest incident “demonstrates a pattern of Mr. Kurten’s dishonesty over a long, long period.”
Calling Kurten a “Victim”
The defense also asked Russell to rule that Kurten could not be called a “victim” in front of the jury by the prosecution.
“My request is that the term ‘victim’ not be used,” he asked Russell.
The judge said it may be natural to refer to Kurten as the victim and that she wouldn’t go so far as to declare a mistrial if the term slipped out in testimony and arguments.
Russell also saw no problem with referring to Kurten as an “alleged victim” during the trial, telling Taglieri that his client is an alleged perpetrator, too.
She said that if the term comes out in the course of the trial, Taglieri could object and that she’ll instruct the jury accordingly.
FULL COVERAGE:
- Orwigsburg Man Charged with Attempted Homicide for Allegedly Firing Shots at Victim in Route 61 Road Rage Incident
- Alleged Road Rage Victim Says He Dove Behind Vehicle After Seeing Flashes from Kohl’s Gun
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