Commonwealth v Kenneth G. Mallette:  Kenneth G. Mallette, 73, was convicted by a Dauphin County jury of aggravated assault and possession of an instrument of crime following a road rage incident in Derry Township in 2013.  Mallette used a lead-core “tire checker” to strike the victim several times on the head, causing gaping wounds that required more than 10 staples to close.  The victim testified that following a roadway dispute while traveling on 422, Mallette pulled his taxi in front of his vehicle and slammed on the brakes near the intersection with University Drive, blocking the victim’s vehicle.  Mallette got out and walked back to confront him.  The victim got out of his vehicle and an argument ensued.  The victim testified that he only recalled being struck once, but that hospital employees told him it was multiple times.  Photographs showed at least two large wounds.

Sergeant Robert Demmel of the Derry Township Police happened upon the scene toward the end of the confrontation.  He observed the victim with blood streaming down his head and Mallette with the tire checker in his hand.  He testified that the two men were back by the victim’s vehicle.  He testified that the defendant yelled that the victim had cut him off in traffic.

Mallette testified that he was defending himself against the victim’s attack.

The case was prosecuted by Deputy District Attorney Dave Wilson.