Hunter seeks dismissal of assault charge in Smithton shooting

A South Greensburg man awaiting trial for the alleged aggravated assault of a hunter in a private field last year claims his victim was partially at fault for being shot.

Cody Ostrosky, 33, was originally charged last summer with a misdemeanor count of shooting at a human while hunting and a summary offense for illegal hunting. The Dec. 4, 2023 incident in Smithton resulted in the wounding of another hunter. Three weeks after the initial charges were filed, prosecutors amended the case to include an additional felony count of aggravated assault.

Police said Ostrosky mistook another man for a coyote and fired.

Ostrosky, in a motion filed Tuesday by defense attorney Jeffery Leonard, claimed the aggravated assault count should be dismissed.

“Unbeknownst to defendant the alleged victim … was in the vicinity with his hunting rifle but was not wearing the required blaze orange hunting vest, resulting in defendant inadvertently striking … in the shoulder with his shot,” Leonard claimed.

Leonard argued prosecutors cannot prove Ostrosky intended to injure the victim and acted responsibly upon learning another man was shot.

Leonard said Ostrosky and his companion immediately rendered aid to the victim, who was eventually transported to a Monroeville hospital for treatment.

“Both defendant and his companion are experienced and skilled hunters who at the time were hunting both deer and coyote in a lawful and responsible manner. Throughout their time on the property neither defendant nor his companion observed any human activity, heard any gunshots, saw any vehicles or otherwise noted any indication that other person were present in the vicinity,” Leonard wrote.

Ostrosky’s trial has not been scheduled and he remains free on a recognizance bond.