WILKES-BARRE — The trial of Khylen R. Shoffner was postponed by Luzerne County Judge Joseph F. Sklarosky Jr. on Tuesday due to the absence of the arresting officer needed to testify about an alleged sexual assault at Wilkes University's campus.
A jury was chosen on Monday for the trial, which was scheduled to start on Tuesday with opening statements from Assistant District Attorney Anthony Cardone and Shoffner’s lawyer, William L. Stephens Jr., followed by the prosecution's presentation of evidence.
In a private discussion with the judge, Stephens informed Sklarosky that the arresting officer, known as an affiant, would not be appearing to testify. Stephens explained that he could not proceed because his defense plan was to challenge the arresting officer, Douglas Wolfe, and the investigation leading to Shoffner’s arrest.
Cardone mentioned that Wolfe is no longer working for the Wilkes University Police Department and his whereabouts are unknown. He also said that Wolfe had received a subpoena to testify at Shoffner’s trial.
Sklarosky described the situation as “very unusual” and reluctantly decided to postpone Shoffner’s trial until May. The judge suggested that Cardone use detectives from the district attorney’s office to locate Wolfe, who might be considered a material witness since he allegedly ignored a court-ordered subpoena.
The subpoena was apparently sent to the Wilkes University Police Department.
Cardone stated that he last spoke with Wolfe on March 13.
Shoffner, 28, from Tobyhanna, was arrested by Wilkes University police on Dec. 7, 2021, after a female student reported that he sexually assaulted her in her dorm room on Dec. 2, 2021. Shoffner was not a student at the university but had met the alleged victim’s roommate on a dating website.
The student alleged that she was awoken by Shoffner removing her pants and sexually assaulting her, according to the criminal complaint filed by Wolfe.
Shoffner is being tried on two counts each of aggravated indecent assault and indecent assault, and one count each of involuntary deviate sexual intercourse, sexual assault, rape, indecent exposure, and harassment. He is currently out on $50,000 bail.
