The lawyer for an East Huntingdon man charged five years ago with the assault of a Democratic supporter at a Westmoreland County voting precinct on Wednesday said that the long languishing criminal case should be dismissed.
Zachary Lambing, 38, has been awaiting trial since the 2021 incident in which police said he slammed a woman’s head into a car over her support for Democratic candidates.
Lambing has twice been declared incompetent to stand trial as a result of brain trauma suffered in a vehicle crash more than a decade ago and subsequent work-related injuries.
Police said Lisa Gephart of Mt. Pleasant Township was campaigning at the polls in November 2021 when she was confronted by Lambing as he shouted an expletive-laden rant against then-President Joe Biden.
Lambing took violent action after she responded with a similar taunt against then former and now current President Donald Trump, police said.
Lambing was charged with two misdemeanor counts of simple assault and resisting arrest.
He was also charged with victim intimidation and related counts in connection with an incident last year in which police contended he threatened Gephart and her family through social media posts.
The latter case was dismissed in April by District Judge Charles Moore.
Lambing’s original case has remained unresolved for years over concerns about his competency. Westmoreland County Common Pleas Judge Scott Mears in 2023 and again last year found Lambing was unable to participate in his defense but that it was possible his condition could eventually improve enough to have a trial.
“This is long overdue, and we are now before our second judge. I think this case needs to end,” said defense attorney Tim Dawson in a hearing before Judge Christopher Feliciani.
Prosecutors objected to a dismissal.
Assistant District Attorney Theresa Miller-Sporrer said Lambing should be prosecuted. She said there was an offer for him to plead guilty and receive two years of probation and house arrest. Lambing since his original arrest has served about two months in jail and has been on house arrest since August, Dawson said.
Feliciani deferred making a ruling Wednesday. He said he needs to hear testimony from the doctor who evaluated Lambing’s competency in 2023 and again last year as well as from a prosecution expert who contends Lambing’s competency can be restored.
Gephart, who since the 2021 incident has run two unsuccessful campaigns for state House and one for Westmoreland County commissioner, was not in court for Wednesday’s hearing. She previously testified she continues to fear for her safety.