Although the defense team of a 56-year-old Chicora man charged with attempted homicide declines to release results of his psychiatric evaluation, a recent court filing from prosecutors attacking the report's conclusions offers a glimpse into its findings, including references to a phone call between the defendant and his wife before the evaluation.

In addition to attempted homicide, Gary. D. Ellenberger faces several other charges related to the alleged shooting of a 27-year-old Karns City man at a Chicora bar last fall. Heath Schrecengost was shot in the torso Sept. 2, 2018 during an incident at Millerstown Inn on Main Street.

Simon requested the evaluation be thrown out in a recent court filing, arguing that allowing the report to be used in the case would help Ellenberger avoid proper punishment. Both Simon and Charles Nedz, a public defender representing Ellenberger, declined to comment on the report, citing privacy issues.

However, Nedz noted a hearing scheduled on Sept. 20 will likely address the evaluation.

Ellenberger has remained in Butler County Prison since his arrest. He was evaluated this spring by Pittsburgh-based psychiatrist Dr. Bruce Wright. The assessment was sent to Assistant District Attorney Benjamin Simon, who is prosecuting the case.

In Simon's court filing, he noted Ellenberger spoke to his wife by phone while he was in jail. In his argument, Simon wrote that “the defendant stated to his wife that his attorney advised him that a mental health evaluation and defense was the best route to avoid significant jail time. That call was made before the defendant's meeting with Doctor Wright.”

Simon went on to argue that Wright's report and conclusions were vague, and “reliant upon the self-serving statements made by the defendant.” He called the report and conclusions made by the doctor “hearsay,” noting “an improper attempt to introduce the defendant's statements to the doctor of drug and alcohol usage at the time of the incident without subjecting the defendant to cross examination.”

In his filing, Simon points out Ellenberger said he was under the influence of marijuana and alcohol on the night of the shooting, and called the excuse “an impermissible defense.”

Ellenberger is charged with attempted homicide, aggravated assault, simple assault, harassment, recklessly endangering another person and illegal offensive weapons.

Due to the severity of the charges, Judge Timothy McCune denied a bail request.

The victim in the shooting, Schrecengost, has since made a partial recovery, according to his family.