A district judge found a Penn Township man not guilty of three summary citations connected to a dog attack last year that seriously injured a UPS driver from Hempfield.

Matthew Zavarella had been accused of failing to keep his three German shepherds under control in the Aug. 28 mauling at his home.

“I just don’t believe that I can find beyond a reasonable doubt … whenever the dogs were on their own premises,” District Judge Helen Kistler said Wednesday.

The dogs attacked Amy Demi, 41, while she was delivering a letter to the Zavarellas’ Durst Road home. Demi testified during the summary trial Wednesday that she was walking up the long driveway and looking for the animals.

“I’m aware that he has dogs,” she said. “I’ve delivered to his house multiple times before.”

One dog came running out of a door and bit Demi on the hip. She hit it with her UPS tablet, stunning it for a second before the dog went at her calf. Two others joined the fray. Demi lay on the ground and screamed for help, she testified.

“It looked like a shark bit my leg,” she said.

Matthew Zavarella and his son forced the dogs off Demi, who has been the lead singer of local band Switch for 12 years. Demi was hospitalized for nine days for treatment of deep gashes on her legs and numerous severe bruises, scratches and scars all over her body, she testified. She is still recovering from mental and physical injuries and has not returned to work.

“I’m here to deliver a letter; that’s my job,” she said. “His job is to make it safe for a delivery person to get that letter to him.”

The dogs have since been euthanized, said Gary Hoffman, animal control officer.

Zavarella’s attorney, Tim Smith, argued that the animals were on private property.

“There is no evidence in this case that Mr. Zavarella’s dogs strayed beyond his premises,” Smith said.

Hoffman argued that Zavarella failed to keep the animals under “reasonable control.”

“Control is the big word here,” Hoffman said. “They lost control of this dog when there was no person there to hold the dog whether it was on public or private property.”

Demi sued Zavarella and his wife, Gwendolyn, in Westmoreland County Court in October. She is seeking more than $50,000 in damages. The Zavarellas have denied the accusations in court filings.

Kistler said her decision has no bearing on the civil matter.

“Even if I find him not guilty … that’s not to say he’s not responsible for the injuries that occurred to her,” Kistler said.

The suit claims that the Zavarellas’ German shepherds attacked people on three prior occasions and once killed another dog. The German shepherds were trained for Schutzhund trials, a German dog sport that includes a “protection” trial in which animals are ordered to attack a target, the lawsuit said.

Neither Demi nor Zavarella commented to reporters after the hearing.

Renatta Signorini is a Tribune-Review staff writer. You can contact Renatta at 724-837-5374, rsignorini@tribweb.com or via Twitter @byrenatta.

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