Attempted-murder victim becomes defendant after trying to attack alleged shooter

Picture this: A victim in an attempted-murder case sees the man who allegedly tried to kill him walking freely into the courtroom where the accused man's trial is about to start.

He thought the man was behind bars. Emotions boil over. The victim wants to hurt the defendant. He rushes toward him.

That's what happened to Tyree West, 27, on Tuesday.

West hadn't known that defendant Kenyell Scott had been placed on house arrest last year, Assistant District Attorney Rob Frantz said yesterday. So when West saw Scott walking freely into the courtroom, he "went after" him but was restrained by police officers, said Frantz.

West's behavior and his departure from the courtroom afterward without Common Pleas Judge Lisa Rau's permission prompted the judge to accuse West of contempt, Frantz said.

So yesterday, instead of being the victim, West was the defendant at his contempt hearing.

West told the judge it was "a shock" for him to see Scott, 31 - the man accused of shooting him five times July 3, 2008, at 60th and Chestnut streets in West Philly, and of shooting and critically injuring one of his stepdaughters.

"I wanted to harm him," he said. "I can't lie. That's probably what would have happened."

Anthony D'Emilio Sr., a court officer, testified that when West saw Scott come into the courtroom, he unleashed "like a loud scream" and headed for Scott.

Kristyn Dinella, also a court officer, said she was "alarmed" for Scott's safety when West lunged toward him. She said Scott locked himself in a neighboring judge's robing room. Scott came out after she told him to, she said.

West's public defender, Karen Wolfe, argued that what happened did not rise to the level of contempt, particularly because the court wasn't in session at the time. Rau found that West's behavior "clearly was misconduct," but couldn't find him guilty of contempt since court wasn't in session.