The case against a man allegedly involved in a shootout in Farrell evaporated in a puff of "surprise testimony."

Assistant District Attorney William Moder asked for the dismissal of charges against Dwayne Smith, 27, of 906 Hamilton Ave., Farrell, at a preliminary hearing Wednesday.

Moder said Lamar L. Wilder, 22, of 1141 Fruit Ave., Farrell, and Donnell T. "Deacon" Stubbs, 20, of Warren, Ohio, who already have been convicted in the case, gave "surprise testimony" that contradicted previous statements they had made.

District Justice Henry J. Russo, Hermitage, said of Wilder, "He's obviously hedging or holding back."

Court-appointed defense attorney Randall Hetrick asked Russo to recuse himself from the case after he made the statement.

The attorneys met privately with Russo and, upon returning to the courtroom, Russo denied the recusal request, but also refused to allow Moder to present a document from a state trooper concerning a polygraph test that had been administered to Wilder.

Without the ability to try to undermine Wilder's testimony, Moder said he had to ask for the dismissal.

Russo dismissed charges of six counts each of attempted homicide, aggravated assault and reckless endangerment, and one count of carrying a firearm without a license.

Russo dismissed the charges with prejudice, meaning they can be refiled, and Moder said other witnesses would be contacted.

Hetrick said it's unlikely his recusal request will resurface again, even if the case is refiled. "It's only a preliminary hearing," he said.

Neither Wilder nor Stubbs definitively said they saw Smith with a gun the night of Feb. 18 and early morning hours of Feb. 19.

Wilder said he borrowed his aunt and uncle's sport utility vehicle but, since he did not have a license, Smith drove it as they rode around the Shenango Valley.

Smith stopped to talk to some females. Police said they stopped in the 900 block of Negley Street, Farrell.

Stubbs walked up to the SUV and asked something, Wilder said. While Stubbs claimed, "We never said anything to each other," Wilder punched him in the mouth from a seated position in the SUV.

Police had said the men argued over a girl.

Wilder said he punched Stubbs when Stubbs made a motion like he was going to get something out of his jacket.

"I didn't see what it was," Wilder said, adding that he had never seen Stubbs before that night. "From the motion he made, I knew what it was -- it was a weapon."

Stubbs said he went back to his car. "I was mad because I got hit in the mouth," he said.

Smith drove off, Wilder said, and was stopped at Broadway and Roemer Boulevard in Farrell when he saw the car drive by. It was occupied by Stubbs, Terrell "Styles" Myrick, 22 of Warren, Stubbs' brother, Brian "Nut" Miller, 22, of Warren, and the females, an 18-year-old woman and two girls, ages 15 and 17, all of Sharon, he said.

"They started firing shots," Wilder said, adding that he hit the floor of the SUV.

Stubbs acknowledged he shot at "whoever was in the car."

Smith pulled out and followed the car, driven by Myrick, on Roemer and shots continued to be fired until the car turned left on Spearman Avenue past the Farrell City Building, Wilder said.

Wilder said shots "could have been fired" from the SUV, but he did not fire any and did not see Smith, his cousin, shoot, and could not definitively hear if any were fired.

"We had the music up," he said.

Wilder said he looked up at one point and saw shots being fired from the passenger side of the car, then slunk back to the floor.

Stubbs said he was on the passenger side of the car, but had stopped shooting by the time the SUV pulled out behind him.

"I ran out of bullets," he explained, adding he had fired four times.

Stubbs said he was not sure if anyone else in his car also fired.

"We had the radio up," he explained.

Stubbs also testified he did not see Smith or Wilder with a gun.

Wilder is in a state prison in Camp Hill serving a jail term of 1 to 2 years. He pleaded guilty to simple assault for punching Stubbs.

Stubbs pleaded guilty to aggravated assault and a carrying a firearm without a license, and is serving a jail term of 12 to 30 months at the state prison in Albion.

Myrick is serving a jail term of 9 to 18 months for pleading guilty to aggravated assault.

Smith was returned to the State Regional Correctional Facility, Findley Township, where he is serving time on unrelated charges.

You can e-mail Herald Staff Writer Joe Pinchot at jpinchot@sharonherald.com