MEYERSDALE — Two men waived their right to a preliminary hearing Thursday before District Judge Douglas McCall Bell on charges that they illegally killed deer in Somerset County.
Daniel Richard Horning, 27, of Meyersdale, and Timothy Allen Sutton Sr., 47, of Garrett, waived their right to a preliminary hearing after District Attorney Lisa Lazzari-Strasiser amended the criminal complaint to downgrade several of the charges against both men.
Horning and Sutton now will face three misdemeanor and two summary counts of unlawful killing or taking of game in Somerset County court. Initially, each man was charged with one felony and four misdemeanor counts of unlawful killing or taking of game.
On Nov. 28 the Pennsylvania Game Commission received a call that Sutton and Horning had nine deer hanging from rafters in a Summit Township building and that they were selling deer for $25 a piece, according to a probable-cause affidavit. When conservation officers and Meyersdale police officers arrived, they saw Horning exit a side door with what appeared to be deer hair and blood on his hands. Sutton was inside the building. He was arrested a short time later when he left the building. He also had what appeared to be blood on his hands and clothing, according to the report.
Conservation officers found four deer hanging from the rafters, remains from protected antlered whitetail deer on the floor and trash bags containing various deer body parts, according to the affidavit.
On Nov. 28 only antlered deer, or bucks, were in season. Antlerless deer were not in season until Dec. 1.
Sutton is free on bond. Horning is in the Somerset County Jail on a parole revocation and $100 bond.
Sutton's attorney is Michael Kuhn. Horning's attorney is Tiffany Stanley. Both attorneys practice in Somerset.