ALLENTOWN, Pa. — A Bethlehem man was charged Wednesday in what officials described as a gang-related shooting at Musikfest in August 2022.
Joshua Nathaniel Colon, 22, faces a host of charges in the non-fatal shooting of Jathaniel Lopez on Aug. 13 during the annual summer music festival in Bethlehem, Lehigh County District Attorney Gavin P. Holihan announced at a news conference at the Lehigh County courthouse.
The most serious charge Colon faces is first-degree aggravated assault. Other charges are recklessly endangering another person, receiving stolen property, carrying a firearm without a license and prohibited possession, use, manufacture, control, sale or transfer of firearms.
“They’re gangs. They're not gangs of any nationwide or even statewide name recognition. They’re local groups normally considered gangs that we know, but you wouldn’t recognize their names.”Lehigh County District Attorney Gavin P. Holihan
Colon was arraigned Wednesday on the charges and bail was set at $20,000. He is in state prison at Mahanoy on unrelated charges.
Holihan wouldn’t say whether Colon and Lopez knew each other personally; only that the two groups involved were aware of each other.
An investigation determined the shooting occurred during a dispute between the two groups, who were hostile to each other, Holihan said, and was therefore not a random act.
“They’re gangs,” he said. “They're not gangs of any nationwide or even statewide name recognition. They’re local groups normally considered gangs that we know, but you wouldn’t recognize their names.”
Cooperation 'less than optimal'
The case was investigated by Lehigh County’s 12th Investigating Grand Jury and Bethlehem Police Detective John Limpar.
A Lehigh County grand jury heard testimony presented by Chief Deputy District Attorney Bethany S. Zampogna and Deputy District Attorney Nicolo S. Baratta.
The presentment was approved by Judge Anna-Kristie Marks, supervising judge of the grand jury.
Holihan said Marks has sealed the presentment and no further facts will or can be released.
“The level of cooperation with many of the witnesses was less than optimal, I should say.”Lehigh County District Attorney Gavin P. Holihan
“What I can tell you is that it's been a lengthy investigation,” Holihan said. “And that the city of Bethlehem has been involved in the investigation and that, with the use of the grand jury, we were able to get evidence presented that allowed these charges to be filed.”
Asked how charges against Colon came about today, 491 days after the shooting, Holihan said investigations often take time.
“This has been an ongoing investigation,” he said. “And with a lot of investigations, sometimes people are cooperative, and sometimes they're not.
"The prosecution team needs to use different tools to hear that different evidence. In this case, that's what happened.”
Holihan added, “The level of cooperation with many of the witnesses was less than optimal, I should say.”
'Have his day in court'
The incident occurred at 10:38 p.m. Aug. 13, 2022. Bethlehem Police responded to a gunshot fired in the Plaza Tropical section of Musikfest at Main and West Lehigh streets.
Lopez was shot once in the stomach. Police immediately responded and rendered aid to Lopez. He was transported to an area hospital and survived his wound.
Holihan said Colon is not currently eligible to be released because he is serving a sentence on an unrelated charge.
“As far as security goes, there won’t be differences. You know, just implementing the same security going forward.Lehigh County District Attorney Gavin P. Holihan
"That sentence will run its course and then with this case, he'll be entitled to due process to challenge the charges," Holihan said.
"He will be assigned counsel or can hire private counsel and be permitted to have his day in court."
Musikfest’s 10-day festival is often attended by more than 1 million people each year. Police, other first responders and festival organizers work diligently to make safety a priority, Holihan said.
In 2022, there were 21 arrests at Musikfest — none for felony offenses, Holihan said. Most of the arrests that occur in Bethlehem during Musikfest are alcohol related, including public drunkenness and disorderly conduct, according to Holihan.
“As far as security goes, there won’t be differences,” he said. “You know, just implementing the same security going forward.
“I’m not in charge of security at Musikfest. And even if I was, I wouldn’t tell you and wouldn’t announce publicly when security changes, if any, were made.”
