dme court

A county judge has granted a request to hire an expert in the use of deadly force to aid in the defense of the man charged with homicide in the Nov. 5, 2024, shooting death of a Butler man in the city.

At a hearing Friday, Aug. 7, a petition made by the attorney representing Sean E. Williams, 37, of Butler, to hire Emanuel Kapelsohn, an attorney and owner of Peregrine Corporation of Allentown, was granted to review the evidence against Williams.

Kapelsohn is an expert in firearms, tactics and the use of force. His company conducts firearms training for police and civilians.

Police were dispatched to the 200 block of American Avenue around 9:30 p.m. for a report of man who had possibly been shot. Upon arrival, police found Christopher Waggett, 47, on the ground outside, receiving treatment from bystanders. Police then began trying lifesaving measures until a Butler Ambulance crew arrived, but Waggett later died from a single gunshot wound in the chest.

The shooting took place outside at the corner of American and North Sixth avenues. According to an affidavit, Williams and Waggett were among a group of people inside a home on American Avenue when the two men got into an argument.

Waggett left, but returned, and he and Williams got into another argument. Waggett walked away, but a witness told police Williams took a gun from a woman’s purse and walked in the direction of Waggett, according to the affidavit.

Waggett said something to Williams and knocked a bottle out of Williams’ hand. Williams then shot Waggett, according to the affidavit.

Williams left the scene, but was apprehended on West New Castle Street. Williams told police that Waggett made several threatening comments to him and then walked away to make a phone call, according to the affidavit.

He told police he was worried that Waggett had called to ask friends from his motorcycle club to harm him. Williams went back to the home on American Avenue, took a gun from a woman and walked toward Waggett, according to the affidavit.

Williams said he and Waggett argued again, and he felt something strike the side of his head before he shot Waggett, according to the affidavit.

Assistant public defender Michael McFarland filed the petition to hire Kapelsohn in Jun, and assistant district attorney Mark Lope filed a memorandum opposing the petition Aug. 5.

Lope argued in his memorandum that Kapelsohn is not an expert in use of deadly force by a civilian with no gun training and he would have to speculate about the case.

Kapelsohn has testified in federal and state courts across the country for the prosecution and defense, and is certified in reconstructing shooting scenes, according to his website.

Judge Joseph Kubit approved paying Kapelsohn $395 an hour for a total not to exceed $9,185. The cost covers Kapelsohn reviewing evidence at his location, inspecting evidence and the crime scene, working with an assistant and his travel costs.

Williams is being held in the county jail without bail. His trial has not been scheduled.