Penn Township man to serve up to 40 years in prison for firing rifle at police

A Westmoreland County judge on Monday said he had no choice but to sentence a Penn Township man to serve up to 40 years in prison for shooting at police during a 2016 standoff.

But, even without a state legislative mandatory minimum sentencing requirement in place, Judge Scott Mears said the actions taken nearly five years ago by Jody Martz when he shot a rifle through a wall at police responding to a domestic call at his Penn Township home warranted the long prison term.

“The severity of the penalty is appropriate,” Mears said as he acknowledged the courage of three township police officers as they rushed toward the gunfire during the Aug. 31, 2016, incident at the Thomas Street home Martz shared with his then-wife. “Their natural instinct would be to run the other way, but the officers sped to the scene to protect the family, neighbors and perhaps the defendant himself.”

A jury convicted Martz, 56, in September of assault of a law enforcement officer and multiple counts of aggravated assault, reckless endangerment and simple assault as well as one offense of intimidating a witness. The jury, after a six-day trial, found Martz not guilty of attempted homicide, four additional counts of aggravated assault and two charges related to allegations that he attempted to threaten and intimidate a potential witness while he was free on bond.

The prosecution claimed Martz fired one shot as police responded to a call that he attacked his wife and about 10 women who were attending a home interior decorating party. Witnesses said Martz , a nuclear inspector at Westinghouse, had a fight earlier that day with his wife and drank a bottle of vodka in the basement before he returned upstairs enraged and violent toward the women.

Police said Martz again retreated to the basement, where he armed himself with a Winchester rifle and fired outside through a wall when police arrived.

Township Patrolman David Noll testified that debris from the blast blew a hole through his uniform shirt and left an impact mark on his chest.

Noll did not require medical attention. The other two officers who responded were not injured.

The defense argued Martz was suicidal and did not intend to injure police.

In court Monday, Martz sobbed as he apologized to the police officers.

“I honest to God didn’t know police were at my house that day and honest to God didn’t intend to hurt anybody but myself that day,” Martz said.

Mears ordered Martz to serve 20 to 40 years prison for the most serious charge and a series of concurrent sentences that will not add any additional time to his period of incarceration. He was given credit for the four years he has served in jail since his arrest.

Monday’s sentencing hearing was delayed several times since late last year after Martz contracted the coronavirus while in Westmoreland County Prison, an illness that resulted several hospitalizations and two surgeries to repair a collapsed lung, said defense attorney Jeff Monzo.