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Victory in Bensalem: Lou Busico Secures Acquittal in Attempted Murder Case

Man Acquitted of Attempted Murder in Bensalem Shooting

By James O'Malley


He shot a man in the face, but it wasn't attempted murder.


Daniel Forte, 21, was acquitted early Thursday evening of attempted homicide, aggravated assault, and possession of a weapon after four days on trial in Bucks County Court.


Prosecutors accused Forte of trying to kill Thomas Kitselman when he shot at the man at least twice on July 22, 2016, in Bensalem. Bullets struck Kitselman once in the arm, once near his collarbone, and once through his nose. Forte argued he was acting in self-defense against his girlfriend.


"Daniel Forte always admitted he was acting in self-defense," said Forte's attorney, Louis Busico. "He's now a young man with a second chance in life."


In releasing Forte on the assault and reckless endangerment charges, Judge Gary B. Gilman reduced Forte's bail to 10 percent of $50,000, the amount requiring him for his release. Appearing hopeful for the first time since Monday, he was remanded to county prison.


Gilman deferred Forte's sentencing for a pre-sentence investigation report.


Leaving the courtroom, Busico urged Forte to retrieve the 0.38 caliber revolver, chose to walk to the door, chose to aim at Kitselman's face and chose to pull the trigger multiple times, the prosecutor said. "What he chose was to try to kill that guy," Rees said, gesturing toward Kitselman.


Busico, echoing his opening arguments, did not dispute that his client was the shooter, but emphasized he acted in self-defense and feared for his life.


Deputy District Attorney Christopher Rees, prosecuting the case, said Forte was justified in shooting Kitselman.


"It's what you believe in that moment, it's what you feel then and there that makes it reasonable," he said.


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Verdict Slip

IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA v. DANIEL FORTE

No.: CP-09-CR-6043-2016


VERDICT SLIP


1. We, the Jury, find as to the charge of Criminal Homicide - Criminal Attempt:

NOT GUILTY


2. We, the Jury, find as to the charge of Aggravated Assault:

NOT GUILTY


3. We, the Jury, find as to the charge of Possession of a Weapon:

NOT GUILTY


4. We, the Jury, find as to the charge of Recklessly Endangering Another Person:

NOT GUILTY


5. We, the Jury, find as to the charge of Simple Assault:

NOT GUILTY


Dated: 10/19/17


J. Gilman




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