Apr 7, 2018 4 min read

WAYNESBURG – As he wrestled with two armed assailants in his Waynesburg apartment while bleeding from a gunshot wound to his left thigh, Johnathan Fannon could only think of winning the fight to protect his fiancée and their 17-month-old daughter.

“I’m just thinking what will happen to my daughter and fiancée,” Fannon said Friday while testifying against one of the two men accused in the March 26 armed robbery inside his apartment at 53 S. Morris St. “What happens to them if I lose this fight? I can’t lose this fight.”

Eventually, Fannon tired from the assault and asked the two men what they wanted.

“Give us all of your (stuff),” one of the men told him, referring to Fannon’s prescription Subutex he had in a pill bottle above the kitchen stove.

The men tried to leave, Fannon testified, but got lost in the apartment. That’s when Fannon again encountered one of the men, who had since removed his mask, showing his face and red hair.

“It’s that way, idiot,” Fannon said he told the intruder as he pointed to the way out.

Fannon identified that man as Kody Alan Scott, who was sitting just a few feet away in a jail jumpsuit during Friday afternoon’s preliminary hearing. District Judge Glenn Bates ordered Scott, 21, of 206 S. Washington St., Waynesburg, to stand trial on multiple felony counts of robbery and conspiracy, along with theft and harassment charges. He was returned to Greene County jail on $75,000 bond to await trial.

Scott’s alleged accomplice, Cody Jannenga, 21, is awaiting extradition to Pennsylvania after being arrested April 2 in his home state of Tennessee.

Fannon, 27, testified Jannenga shot him in the back of his left leg during the robbery while Scott carried what he thought was a fake gun that mimicked an assault rifle.

The gunshot sprayed several BB pellets into Fannon’s upper thigh, causing several entrance and exit wounds that required hospital treatment, Waynesburg police Officer Tom Ankrom testified. Fannon, walking with a limp in the courtroom, said he has been unable to return to work as a coal miner since the shooting.

Fannon said he and his fiancée, Brandi Stump, knew Jannenga because she had sold him Subutex pills in the past, but he had never met Scott until that night. Just before the robbery, Fannon noticed two men hanging out near his apartment, but didn’t know who they were at the time.

“It seemed strange,” Fannon said.

The couple was preparing to put their daughter to bed about 10 p.m. when they heard a knock on a sliding glass door to the baby’s playroom. Stump answered the door, and Jannenga barged in holding a silver gun, Fannon said. Fannon went to another room and put his daughter in a closet to protect her, he said, and then confronted the two men.

Fannon said he grabbed the faux weapon Scott was holding and they tussled in the hallway before Jannenga fired one shot into his leg. Fannon grabbed the barrel of that gun and the three men fell down the stairs, “in a ball, wrestling.” One of the men then punched Fannon in the head 10 to 20 times with brass knuckles, he said.

“I’ve had enough. I’m done,” Fannon recalled saying, pointing to deep gouges in his face that required stitches.

Investigators have said the robbery was motivated by drugs. Fannon said the couple knew Jannenga and his wife, and Stump had “done most of the dealing” by selling them Subutex on multiple occasions. Neither Stump nor Fannon faces charges.

Scott’s attorney, Erick Rigby, asked whether his client was carrying a real gun during the robbery or if it was a toy. Fannon said he was not familiar with guns, but it did not appear to be real.

Scott’s formal arraignment on the charges is scheduled for 9 a.m. April 23 before Greene County Judge Lou Dayich.