Assault charge upheld against hunter in 2023 shooting

The criminal case against a hunter charged with aggravated assault after allegedly wounding a man in a Smithton field nearly two years ago will proceed to a trial, a judge ruled Friday.

Following a lengthy hearing that featured testimony from the shooting victim and a state game warden, Westmoreland County Common Pleas Court Judge Scott Mears rejected the defense’s claim that the shooting did not rise to level of recklessness required to support a felony assault charge.

Prosecutors say Cody Ostrosky, 34, of Southwest Greensburg, acted with extreme indifference when he fired at least one round from a high-powered hunting rifle with a thermal scope, striking another hunter in the left shoulder. Ostrosky claimed he was firing at a coyote on Dec. 1, 2023.

Richard Boord of South Huntingdon testified he had just returned to his truck while hunting on private property and had removed his orange vest when he heard shots fired near his location. As he moved to get a better look at his surroundings, he heard additional rounds being fired.

“I never heard the shot that hit me,” Boord testified.

Boord said he had on an orange hat when he was struck by the bullet. He struggled to retrieve a cell phone from his truck, located about 10-15 feet from where he was hit, and called his wife for help. He and another man who arrived helped pack his wound and got him to the road, where they were met by first responders, authorities said.

The defense in court documents and during previous court hearings claimed Boord was not appropriately outfitted in hunting attire and that prosecutors cannot adequately prove Ostrosky used a thermal scope when he fired the shot.

“Hunting accidents happen all the time. They aren’t typically reckless,” said defense attorney Jeff Leonard.

Philip Ferry, a state Game Commission warden, testified Ostrosky initially claimed he used the scope when he and a partner switched over from hunting deer to coyotes as the late afternoon sky turned dark.

“He said he saw gray movement and pulled the trigger. Once he heard a scream he realized someone had been shot,” Ferry testified.

Assistant District Attorney Elizabeth Ranger said a prosecution firearms expert was prepared to testify Ostrosky’s actions were reckless.

“There was no way to mistake a human for a coyote,” Ranger said.

The judge did not set a date for Ostrosky’s trial.

In addition to the felony count, Ostrosky is facing a misdemeanor charge of a hunter shooting a human and a summary offense of that alleges Ostrosky was hunting with a license obtained without having completed a required safety class.

He remains free on recognizance bond.