Merritts

HOLLIDAYSBURG — A city man will serve 10 to 20 years in state prison after pleading guilty to criminal attempt – criminal homicide and other charges related to a 2024 shooting.

Benjamin Lee Merritts, 29, was scheduled for a jury trial this week but ended up taking a plea deal in Blair County court Wednesday.

As part of the deal, Merritts pleaded guilty to criminal attempt – criminal homicide, two felony charges of aggravated assault, possession of firearm prohibited, receiving stolen property, carrying a firearm without a license and possession of a controlled substance.

Charges of possession of an instrument of crime with intent, possession of a weapon, criminal trespass, three misdemeanor counts of simple assault and conspiracy to purchase or receive a controlled substance by an unauthorized person were withdrawn as part of the deal.

President Judge Wade A. Kagarise presided over the case.

While addressing the court, Merritts said he was not proud of his previous actions, as he was searching for drugs the night he shot the victim twice in the back and once in the face in August 2024.

He apologized to the victim, who was seated in the courtroom, stating that his actions were “not who I am.”

District Attorney Jonathan Thomas asked that Merritts pay $7,037 in restitution fees. He said he spoke with the victim, and the victim didn’t wish to give an impact statement.

Defense Attorney Daniel Kiss asked Kagarise to merge the coinciding charges of two counts of aggravated assault with the criminal attempt – criminal homicide, because of factual reasons.

While Kiss wouldn’t deny that Merritts was involved with the shooting, Kiss said that Merritts never tried to minimize the weight of his actions, as he gave a full confession to police officers.

Because of Merritts’ continuous cooperation and remorse, Kiss asked Kagarise to impose an 8- to 20-year sentence.

Kagarise then asked about Merritts’ previous felony charges in 2023, where he was charged with fleeing police and possession with intent to deliver.

Merritts admitted that he was using drugs at the time, which is why he plans to continue outpatient rehabilitation after serving his sentence.

After consideration, Kagarise said Merritts’ remorse seems legitimate. While he values when people accept responsibility for their actions, Kagarise said the shooting caused serious damage.

“It could have been a homicide, and you could have spent life in prison,” Kagarise said.

Kagarise determined that the recommended sentence of 10 to 20 years with one year of reentry and an additional year of supervision was reasonable and fair, considering the seriousness of Merritts’ actions. The two counts of aggravated assault were merged.

Before adjourning, Karagise wished Merritts well. “You have an opportunity to change your life,” Kagarise said.

Thomas called the sentence a “positive outcome” because Meritts will be serving an appropriate time behind bars while adhering to the crime’s guidelines.

Mirror Staff Writer Colette Costlow is at 814-946-7414.