Brothers accused of fighting, spitting on guards at Westmoreland County Prison

A man is accused of spitting on a jail guard after his brother threw punches at another guard at the Westmoreland County Prison last month, according to court papers.

The brothers were arraigned Tuesday on charges filed by county detectives. Austin Levi Kimmick, 20, is charged with aggravated and simple assault. Zackery David Kimmick, 30, is charged with aggravated harassment by a prisoner and terroristic threats.

County detectives said Austin Kimmick attacked a guard at 1:15 p.m. Dec. 31 in a walkway outside of prisoner cells. The guard attempted to escort Kimmick to his cell during a lockdown when police said Kimmick threw punches at him, according to court papers.

Kimmick continued to fight until he was handcuffed and shackled, police said. The guard had hand, arm and wrist injuries.

Shortly afterward, in the jail’s disciplinary housing area, police said Zackery Kimmick threatened to hurt and kill another guard who was trying to restore order after the alleged assault. Police said Kimmick spit on the guard’s back as he turned away.

Bond for the brothers was set at $50,000 each. Neither had an attorney listed in online court records.

Zackery Kimmick has been held at the jail since November on allegations that he raped a woman in Hempfield. Two more cases were filed days later after investigators said he exposed himself to a nurse and yelled at and spit on a guard. Preliminary hearings are set for Jan. 29 in those three cases, according to online court records.

Austin Kimmick has been at the jail since July when his $100,000 unsecured bond was revoked in a March weapons violations case after new simple assault charges were filed against him, according to jail and court records. He was sentenced to two years probation in January 2020 for attempting to pass Epsom salt off as crystal methamphetamine in October 2019.