By Ed Lewis
The Times Leader, Wilkes-Barre, Pa.
WILKES-BARRE, Pa. — Attorney Theron J. Solomon has been involved in several high-profile trials that resulted in unforeseen, swift jury verdicts. Some in his favor, others not.
Solomon’s latest effort in defending state corrections officer Khalil Lewis, 30, on allegations he conspired by allowing two inmates to attack another inmate at the State Correctional Institution at Dallas, Jackson Township, did not make it to the jury deliberation room.
Luzerne County Judge David W. Lupas on Thursday granted a request by Solomon and Attorney Nicole M. Psaila to dismiss the case by acquitting Lewis on three criminal conspiracy counts and two counts of tampering with physical evidence midway through the trial.
“We are beyond thrilled that the Judge reached the same conclusion we did about this case,” stated Solomon. “The prosecution failed to present a single piece of credible evidence that Mr. Lewis did anything but his job that day. It is terrifying that such baseless arrests are pursued to this level.”
Solomon continued by saying, “Today, the legal system worked, and we are overjoyed for Mr. Lewis and his family. Now, Mr. Lewis can reflect and contemplate pursuing further justice in clearing his name.”
Solomon and Psaila made the motion for acquittal when assistant district attorneys Robert S. Walker and Julian F. Truskowski rested their case-in-chief against Lewis.
Prior to jury selection Tuesday, Lupas denied a request by Solomon and Psaila to dismiss the case against Lewis, citing the state’s speedy trial rule and for a lack of evidence.
A second corrections officer, Joseph Tilletski, 40, was acquitted by a jury on similar charges following a December trial before Lupas.
During two days of prosecution by Walker and Truskowski, the jury was shown surveillance footage of J-Block where inmates Michael Steven Willis, 42, and Christopher Martin Scheller Jr, 31, attacked inmate Matthew Makos, 47, on July 24, 2024.
Makos suffered a broken rib, a collapsed lung and head and facial injuries, and was hospitalized at Geisinger Wyoming Valley Medical Center in Plains Township. Makos has since been paroled from prison.
A recorded interview that state police investigators conducted with Lewis was played to the jury on Thursday.
During the interview, Lewis explained he primarily worked the C-Block housing unit and barely knew Tilletski, who had worked in J-Block for a decade. Lewis said he was assigned to J-Block on July 24, 2024, when he worked an overtime shift.
Lewis further stated that he had never met or known inmate Willis until he worked in J-Block on that day.
About 10 minutes into Lewis’ shift, Willis and Makos engaged in a verbal argument in the housing block range about a $100 debt, and Willis wanted Makos’ television.
Makos went back into his cell and closed the cell door, which automatically locked.
Surveillance footage of J-Block showed Willis, after the argument, went to the corrections officers’ command post, called a bubble, where he claimed he was advised and shown papers by Tilletski and Lewis that Makos was in prison for being a pedophile. Court records say Makos served a sentence for possession of child sexual abuse materials.
During a lockdown period where all inmates are in their cells behind locked cell doors, the cell doors of Makos, Willis, and Scheller were opened, presumably from the corrections officers’ bubble, which allowed Willis and Scheller to enter and attack Makos.
Lewis strongly denied during the recorded interview that he opened the cell doors or gave permission for Willis and Scheller to assault Makos.
After the attack, prosecutors alleged Tilletski and Lewis provided inaccurate and misleading information on internal reports listing Makos’ injuries as “self-harm.”
Solomon and Psaila argued it was Tilletski who told Lewis that Makos’ injuries were self-inflicted.
Willis and Scheller pled guilty to reduced charges of criminal conspiracy to commit simple assault, as prosecutors withdrew felony counts of aggravated assault and criminal conspiracy against them. Willis and Scheller testified Wednesday and are awaiting sentencing.
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