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Criminal court, Oct. 20, 2017

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POTTSVILLE — A Luzerne County man is headed to state prison after a Schuylkill County judge revoked his parole on Oct. 11.

“We tried to work with you,” President Judge William E. Baldwin told Joseph M. Rayno Jr., 52, of Hazle Township, before recommitting him to a state correctional institution to serve the rest of his sentence.

Rayno admitted violating his parole by not reporting to his supervising officer, not performing community service and not making payments on his costs and fines.

“I just want to get on with my life,” Rayno told Baldwin.

Rayno originally pleaded guilty on Feb. 19, 2014, to driving under the influence, with prosecutors withdrawing a charge of careless driving. On April 18, 2014, Baldwin placed him in the intermediate punishment program for five years, and also sentenced him to pay costs, a $1,500 fine and $300 to the Substance Abuse Education Fund.

“You just weren’t paying us,” Baldwin said to the defendant.

State police at Frackville alleged Rayno was DUI on Nov. 3, 2012.

Also on Oct. 11, Baldwin revoked the probation of Fernando J. Fonseca, 23, of Bethlehem, and sentenced him to serve four to 12 months in prison and a concurrent 12 months on probation.

Fonseca originally pleaded guilty on May 27, 2016, to possession of drug paraphernalia in one case and criminal mischief in another. At that time, Baldwin placed him on probation for 12 months consecutive to his existing sentence, and also sentenced him to pay costs, a $100 SAEF payment and $50 to the Criminal Justice Enhancement Account.

Pottsville police filed both charges against Fonseca, alleging he committed criminal mischief on Dec. 2, 2014, and possessed paraphernalia on May 18, 2015. Each incident occurred in the city.

In other recent Schuylkill County Court action, Judge Jacqueline L. Russell accepted guilty pleas from, and, pursuant to an agreement between prosecutors and defendants, imposed the indicated sentences on, these people:

Keith Huth, 36, of Minersville; theft by deception; 12 months probation, $50 payment to the Criminal Justice Enhancement Account and $346.97 restitution.

Benjamin P. Kline, 31, of Pottsville; possession of a controlled substance; 12 months probation, $100 payment to the SAEF, $50 CJEA payment and $50 bench warrant fee. Prosecutors withdrew a charge of public drunkenness.

Jennifer L. Marchorro, 34, of Brockton; theft by deception; four days to 12 months in prison, $50 CJEA payment and $19.62 restitution.

Thomas P. Moran, 40, of Pottsville; driving under the influence and improper driving without lights; 10 days to two years in prison, $525 in fines, $100 SAEF payment and $50 CJEA payment.

Joanna L. O’Day, 36, of Essex, Maryland, formerly of Pottsville; theft; two years probation and $50 CJEA payment. Prosecutors withdrew a charge of receiving stolen property.

All defendants who were sentenced must pay costs as a part of their sentences.

Contact the writer: pbortner@republicanherald.com; 570-628-6014.


Shenandoah man represents self in Wilkes-Barre Twp. shooting case

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WILKES-BARRE — Accused Walmart shooter Scott Sargent took the stand in his own defense Thursday afternoon and claimed he never intended to kill the police officers he fired upon in a crowded shopping center.

In fact, the 33-year-old Shenandoah resident claimed he never even heard the police officers — who were in uniforms and marked vehicles — shouting for him to drop his assault rifle.

“Had I heard it, I would have known I was safe and I would have told them about the problem,” Sargent claimed, saying he was firing warning shots to scare off people he thought were following him. “I was just shooting to fend off the shots that were coming at me.”

Sargent is facing attempted-murder charges for allegedly opening fire on police and civilians outside Walmart at the Wilkes-Barre Township Marketplace on Oct. 17, 2015. Prosecutors said Sargent sought to terrorize Saturday afternoon shoppers when he unleashed a barrage of gunfire at the crowded strip mall and tried to kill police.

After prosecutors rested their case Thursday afternoon, Sargent took the stand as the only witness for his defense and described feelings of paranoia that led him to lash out at people he thought were tailing him.

“It just got to a point where I didn’t know what else to do,” Sargent said.

The defendant said once he and his girlfriend, convinced they were being followed, drove from Port Carbon to Greensboro, North Carolina, only to find the same people at a gas station there.

The morning of the shooting, Sargent, his girlfriend and two others had been drinking at Mohegan Sun Pocono when they thought they again saw the same people, he said.

“I was noticing people that were following and stuff. I got agitated,” Sargent said.

Sargent and his girlfriend left the casino and planned to stay at a local hotel, but decided to stop by Walmart and pick up a few things, he said. When she was inside, he noticed his pursuers once more in the parking lot, he claimed.

“Upon sitting out front, I noticed the same girl and same guy,” Sargent said. “They were sitting there, staring at me.”

Sargent said he then drove to the back of the store, but they followed. When Sargent called out asking what they wanted, they didn’t respond, according to his account.

“I finally said, ‘This is it. I’ve had enough,’ ” Sargent said, adding that he had been drinking and using drugs prior to the shooting — a comment Luzerne County Judge David W. Lupas told jurors to disregard.

Sargent claimed the first shots he fired into the garage door of the Walmart were meant to be “warning shots.”

“I fired them only to scare somebody away. I didn’t know anybody was in there,” Sargent said.

However, on Wednesday, a mechanic who was in the garage testified that Sargent opened fire after they made eye contact.

According to Sargent’s account, after the initial shots “bullets just started zipping past us.” He said he waited for a lull in the shooting before fighting back in an effort to protect his girlfriend.

“I then picked up the rifle and I returned fire,” Sargent said, claiming he didn’t know he was shooting at police until he ran behind some shipping containers and then saw Wilkes-Barre city police Officer Alan Gribble approaching with a shotgun.

Sargent claimed he tried to raise his hand and tell Gribble to wait, but the officer shot him in the abdomen. Gribble previously testified that he fired after Sargent began raising the assault rifle toward him.

During cross-examination by Assistant District Attorney Jarrett Ferentino, Sargent denied the police allegations that he said “(expletive) you pigs!” while firing and that he took careful aim when he fired a shot that hit the headrest of a police vehicle where an officer’s head had been an instant before.

“So it was a lucky shot? Ferentino asked.

“Yes,” Sargent said.

The defense rested its case at the conclusion of Sargent’s testimony.

A day earlier, the prosecution’s case featured dramatic testimony by Gribble and other responding officers, who described a chaotic and fearful firefight, with bullets flying near their heads as they advanced on a gunman armed with an assault rifle.

The state’s case concluded with forensic evidence from state police. Trooper James Shubzda testified that the magazine to Sargent’s weapon, which was ready to fire, still contained one round when he was taken down. Cpl. Joseph Gober told the jury that police recovered 14 shell casings that were fired from Sargent’s Diamondback Firearms .223-caliber assault rifle, as well as 15 casings fired from then-Wilkes-Barre Township police Officer Jude Allen’s pistol.

Closing arguments are scheduled for this morning.

Contact the writer:

jhalpin@citizensvoice.com

570-821-2058

Police log, Oct. 20, 2017

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Police find, jail

wanted man

NEW RINGGOLD — A New Ringgold man was jailed after being charged by state police at Frackville after an investigation into witness intimidation.

Police said Robert C. Brode, 34, was charged with several incidents between September and Tuesday involving his trespassing at a property on Goose Pond Road in East Brunswick Township.

Subsequently, police said, that on several dates Brode contacted the victim in the cases trying to coax her to withdraw from cooperating with the investigations and prosecutions and inferring repercussions if she did not.

Accordingly, on three separate occurrences, Brode was charged with intimidation of witnesses or victims through the office of Magisterial District Judge James R. Ferrier, Orwigsburg, who issued warrants for his arrest.

Members of the state police Troop K station located Brode at a road construction site in Philadelphia and took him into custody.

Brode was subsequently arraigned on Wednesday by Ferrier who set bail at $20,000 straight cash for each of the three cases totaling $60,000 cash.

Brode was then committed to Schuylkill County Prison pending preliminary hearings before Ferrier in his Orwigsburg courtroom.

Man faces charges

in Walker Twp. crash

TAMAQUA — A 27-year-old Tamaqua man is facing charges following a crash on Catawissa Road in Walker Township about 2:50 a.m. Thursday.

State police at Frackville said Andrew Allesch, 218 Lafayette St., was driving a 1995 Chevrolet 1500 north when he lost control, went off the road and hit a utility pole, splitting the pole in two.

Police said Allesch fled the scene but was located along Valley Road a short time later. The man’s car was partially on the road, still in drive with the engine running.

Speaking with the driver, police said, they detected a strong odor of alcohol on his breath and transported him to a Pottsville hospital for a blood alcohol test.

Charges are pending the results of the blood test, police said.

Armed man shot by police in Porter Township

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REINERTON — A man was shot by police Thursday afternoon after exiting a Porter Township home and allegedly pointing a weapon at officers.

State police Sgt. Fred Krute, commander of the Schuylkill Haven station, said the incident unfolded about 12:50 p.m. when police were called to 109 N. Yohe St. for a report of a domestic altercation taking place.

Krute said when a trooper arrived at the scene, along with a municipal police officer, a bleeding woman ran out of the house.

After the woman was laid prone on the grass, a 42-year-old man exited the home with a compound bow and arrow in his hands.

“The male pulled back on the bow and began raising (it) at the trooper, who immediately fired his issued weapon as he sought cover,” Trooper Norbert Brennan of the Jonestown station said.

Brennan said the man returned to the home, only to exit again, pull back on his bowstring and raise it toward the trooper.

The trooper fired again at the man and struck him in the leg, Brennan said.

Once the man and his weapon were secured, the trooper administered first aid until EMS units from Tower City arrived and transported the man to Penn State Milton S. Hershey Medical Center, Hershey.

At the scene, Krute said, the responding trooper was met by a municipal police officer, who arrived about the same time.

The sergeant did not identify the officers or troopers who were at the scene when the incident unfolded.

The woman who ran from the house was also transported to Hershey Medical Center, Krute said.

Krute stressed that the man who was shot was the only person with a weapon inside the house and that there is no threat to the community.

Brennan said the investigation into the shooting is continuing and that the man involved will be facing charges of attempted homicide, aggravated assault and other offenses.

There was no information on the condition on the man shot by state police or the woman involved in the domestic incident.

Contact the writer: fandruscavage@republicanherald.com; 570-628-6013

Search underway for new McAdoo church pastor

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McADOO — Holy Trinity Orthodox Church is not closing, but it does need a new pastor.

The Rev. Mircea Airinei was removed as pastor Oct. 5, according to the Very Rev. Timothy Hojnicki, dean of the Frackville Deanery of the Orthodox Diocese of Eastern Pennsylvania and pastor of Assumption of the Blessed Virgin Mary Church in Saint Clair.

“There was difficulty with the priest, so he was removed from office,” Hojnicki said. “The priest was removed because the membership at the church has dwindled over the past three or four years. There is no scandal, just the bishop’s decision to remove him. Some members of the church are upset. It’s a shame this lie (that the church was closing) was going around.”

Mike Klesh, a parishioner, said there were 40 to 60 members when Airinei came to Holy Trinity nearly four years ago and now most of them are gone.

“Right now, the number of parishioners does not warrant a resident priest,” Klesh said. “We will have temporary priests every second week to bring back the parishioners.”

As the search is made for a new pastor, visiting pastors will fill in, conducting 9:30 a.m. Sunday services at the church, Hojnicki said.

“Our goal is to hold liturgical services,” he said.

A meeting was held Monday into the future of the parish, Hojnicki said.

“There was about 20 people there, and there were some constructive ideas,” he said. “We will use those ideas going forward to stabilize the parish.”

Klesh attended the meeting, which he said was held to decide how to move forward.

“This church is 116 years old. It has a great tradition. We are reorganizing for the future. We’ve got a plan to bring former members back,” Klesh said.

The church opened at Kennedy Drive and Washington Street in 1901. It is known for its Friday ethnic food sales and is home to the McAdoo Lions Club’s Nativity scene along Kennedy Drive during the Christmas season.

Volunteers from St. Mary’s Ukrainian and All Saints churches in McAdoo and from Hazleton helped with the food sales recently, Klesh said.

Holy Trinity is one of 10 churches in the Frackville Deanery, including Assumption in Saint Clair, St. Mary’s in Coaldale, Holy Ascension in Frackville, St. Michael’s in Mount Carmel, Ss. Peter and Paul’s in Minersville; and churches in Lykens and Harrisburg, Dauphin County; Shillington, Berks County; and Mechanicsburg, Cumberland County.

Contact the writer: jdino@standardspeaker.com, 570-501-3585

Man shot by police faces attempted homicide charges

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A Reinerton man shot by a state police trooper after threatening him with a compound bow Thursday was charged Friday with criminal attempt to commit homicide and myriad other offenses.

State police Trooper Norbert Brennan of the Jonestown station charged David Edward Sink, 42, of 109 N. Yohe St., with two felony counts of criminal attempt to commit criminal homicide and 11 felony counts of aggravated assault.

Brennan also charged Sink with three misdemeanor counts each of simple assault and recklessly endangering another person; one misdemeanor count each of possessing instruments of crime and disorderly conduct; and a summary charge of disorderly conduct.

Sink remained hospitalized Friday at Penn State Milton S. Hershey Medical Center, Hershey, where he is being treated for a gunshot wound to the leg.

Brennan said Sink was shot by Trooper Marshall Hummel of the Schuylkill Haven station after he exited his home about 12:50 p.m. Thursday with a compound bow and threatened Hummel and off-duty Tower City Police Chief John Boyer.

In paperwork filed with Magisterial District Judge James K. Reiley, Pottsville, Brennan said the incident unfolded when Hummel was called to the home for a report of a domestic incident. Hummel arrived at the home about 11:15 a.m., but could not locate the complainant — Erin H. Lynch, 32.

Hummel left the scene only to be called back about 12:25 p.m. for a report of a woman walking in the street and appearing intoxicated, Brennan said.

About 12:45 p.m., Brennan said, Hummel arrived back at the scene and met Boyer. Brennan said Lynch then ran from the home and onto the front porch with blood covering her face.

A short time later, Brennan said, Sink exited the home onto the front porch and said, “I’m armed leave me alone.” Brennan said Sink was carrying a compound bow loaded with a razor point and had the bow string pulled back about three-quarters of the way.

Hummel ordered Sink to drop the weapon at least three times, Brennan said, adding that when Sink failed to drop the weapon, Hummel fired multiple rounds from his service issued .45-caliber weapon. Sink was not struck at that point.

Brennan said Sink retreated into the home for about five seconds and returned to the front porch with the bow string fully drawn. Hummel fired two or three shots at Sink, hitting him in the left leg, Brennan said.

Both Boyer and Hummel were then able to secure Sink without further incident.

Brennan said that as the investigation progressed, it was learned that a U.S. Post Office carrier was delivering mail to the home before Hummel arrived. The carrier told authorities that as the mail was being delivered, a woman came to the front door and said, “Rape, please help me.”

After the shooting, Brennan said, police attempted to clear the residence and secure the scene, but when entering the home noticed a strong chemical odor.

It was decided to clear the home until a state police Clandestine Laboratory team could evaluate it for safety concerns, Brennan said. He added that to the rear of the home, in a shed, police found a contraption of hoses and bottles that could be consistent with the manufacture of methamphetamine.

Brennan added that Trooper Keith Rudy accompanied Sink in the ambulance to the hospital. During the ride, Sink told him, “I wanted them to shoot me. I wanted them to end my life. I didn’t mean to cause you guys stress. I did it just to get out of the relationship. I wanted to get hit. I did not want to hit anyone. I’m sorry.”

At the hospital, Brennan said, Sink told medical personnel, “I believe I was shot. I was in a bad relationship. I tried to get the police to kill me.”

Later Thursday, Brennan said, Lynch was interviewed and told troopers, “Today was the nastiest I’ve ever seen him,” referring to Sink.

During the interview, Brennan said, police said the woman had her right eye swollen shut, suffered bruises around her left eye, had blood on her face and fingernail scratch marks on the left side of her neck.

Sgt. Fred Krute, commander of the Schuylkill Haven station, said that once the charges were filed against Sink, he will be arraigned at the hospital by a Dauphin County magisterial district judge.

Once released, he will be transferred back to Schuylkill County for further court action, Krute said.

Thursday’s incident is not the first time Sink has been in trouble with the law. In 2007, he entered guilty pleas to charges of aggravated assault, criminal mischief and other offenses in Dauphin County Court.

Sink had other court cases beginning in 1990 in both Dauphin and Montgomery counties. Those offenses ranged from cruelty to animals and thefts to DUI and criminal trespass, court documents show.

Contact the writer: fandruscavage@republicanherald.com; 570-628-6013

Police investigating Brok-Sel robbery in Pottsvillle

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POTTSVILLE — The Pottsville Bureau of Police is investigating a robbery that occurred about 11:40 a.m. Friday at Brok-Sel.

Police are searching for a white male, about 6 feet tall with a thin build and short brown hair, wearing a hat, gray sleeveless T-shirt and dark blue shorts. Police said he gave a clerk at the store at 1607 W. Market St. a handwritten note demanding money.

The clerk turned over a small amount of cash and the man left the store, police said.

Anyone with information on the incident is asked to call the Pottsville Bureau of Police at 570-628-3792.

Ashland ambulance company breaks ground for new building

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ASHLAND – Members of Washington Fire Company Community Ambulance Inc. broke ground Friday for a new building, with construction expected to begin by the end of the month.

The new building, located at 1301-1303 Centre St., will be used for storage of equipment and supplies, administrative office space and areas for meetings, training and classes.

In addition, the building will also have kitchen and bathroom facilities as well as a bunk room for on-duty personnel.

President David Mitten said the organization currently uses a building at 1309 Centre St. for its 2004 Ford-Horton ambulance, 2009 Ford PL Custom ambulance and Sterling rescue truck.

With the three vehicles inside that building, Mitten said there is no room for ample office space or storage.

A fold-up bed is on the floor outside of the tiny office currently being used for the on-duty EMT to rest.

“We are out of space,” Mitten said. “With our activities growing, along with regulations governing our operation, we have outgrown the building.”

The new building is located at the eastern end of the 1300 block of Centre Street, adjacent to Washington Fire Company.

The fire company building sits between the new EMS building and its current station.

Mitten explained that the EMS company, once called the Washington Fire Company Community Ambulance Association, was organized by the fire company and was part of that organization until going on its own in 1991.

“We are a completely separate organization now,” Mitten said.

He said that knowing additional space was needed, the company began seeking grants to assist with the $500,000 construction.

However, Mitten said it was quickly learned that no grant money was available.

“We hit a time where there was no grant money to be had,” he said.

Not giving up, the company secured a $300,000 loan from UNB Bank, Mount Carmel, and came up with the rest of the funding on its own.

Initially, the company purchased the two buildings that sat on 1301-1303 Centre St. and had them demolished to make way for the new construction.

Jim Bohay with Heim Construction, the general contractor, said the project should take about six months to complete.

“We expect that in six months it will be turn key,” he said.

Contact the writer: fandruscavage@republicanherald.com; 570-628-6013


Police give tips for safe trick-or -treating

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With Halloween right around the corner, police chiefs throughout Schuylkill County are urging parents and guardians to take steps to ensure the safety of their children.

McAdoo Police Chief Jeffrey Wainwright said parents should accompany children when trick-or-treating or have a trusted friend or relative with them.

In addition, the chief said children and their chaperones should only visit homes with porch lights on and remember the designated times for trick-or-treating.

Safety comes first, the chief said.

Wainwright said children should avoid wearing costumes that obstruct their vision or are too long that they can trip and hurt themselves.

In addition, he said children should try to wear bright-colored costumes, have reflective strips on the costumes or carry a flashlight or glow stick so they can be clearly seen by motorists.

Wainwright said children should walk on the sidewalk at all times and avoid going into the street, cross at intersections and walk facing toward on-coming traffic if there is no sidewalk.

“Children should not walk out from between parked cars,” he stressed.

Wainwright said children should not go into someone’s house if asked and they should not talk to strangers who may be walking the streets.

Wainwright also encouraged children not to eat anything they may receive without it being examined.

“After trick-or-treating, parents should check all treats before they are eaten,” he said. “It is advised to discard any unwrapped candy or treats, and to report any suspicious acts to the police.”

Children and parents or chaperones are not the only ones who should take caution; drivers also have to be extra careful.

A few tips were offered to motorists to do their part in keeping Halloween safe. They are:

• Slow down and be especially alert in residential neighborhoods. Children are excited on Halloween and may move in unpredictable ways.

• Take extra time to look for kids at intersections, on medians and on curbs.

• Enter and exit driveways and alleys slowly and carefully.

• Eliminate any distractions inside your car so you can concentrate on the road and your surroundings.

• Drive slowly, anticipate heavy pedestrian traffic and turn your headlights on earlier in the day to spot children from greater distances.

Contact the writer: fandruscavage@republicanherald.com; 570-628-6013

Police log, Oct. 21, 2017

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Police investigate

school bus incident

WILLIAMSTOWN — State police at Lykens are investigating a harassment incident that occurred about 3 p.m. Oct. 6 in the area of Tunnel and Market streets in this Dauphin County community.

Police said two 11-year-old Williamstown juveniles were pushing each other on a school bus.

Both were turned over to the custody of their parents, police said.

One person injured

in 3-vehicle crash

CRESSONA — One person was injured in a three-vehicle crash that occurred about 8:20 p.m. Thursday on the Gordon Nagle Trail, Route 901, just north of Mengle Street in North Manheim Township.

State police at Schuylkill Haven said the crash occurred as Michael J. Weiser, 18, of Schuylkill Haven, was driving a 2007 Chevrolet Cobalt east when he ran into the back of a 2015 Jeep Wrangler driven by Robert E. Weaver, 23, of Pottsville, who was slowing down for traffic in front of him.

The impact pushed the Weaver SUV into an eastbound 2008 Ford Escape driven by Doreen J. Shadler, 49, who was also slowing for traffic, police said.

Weiser suffered suspected minor injuries while Weaver, Shadler and two passengers in the Shadler vehicle — a 9-year-old Pine Grove boy and a 4-year-old Pine Grove girl — were not hurt.

As a result of the crash, Weiser will be cited for careless driving, police said, adding that Cressona and Schuylkill Haven firefighters and Schuylkill EMS assisted at the scene.

Pottsville man faces drug charges

POTTSVILLE — A Pottsville man was jailed after being arrested Wednesday by Pottsville police on drug charges.

Police said that Pottsville officers completed a drug investigation in cooperation with the Pennsylvania State Police and FBI Safe Streets Task Force regarding the sale of heroin in the city involving David Murphy Jr., 28, of 1600 W, Market St.

During the course of the investigation, police said, two separate arrest warrants were obtained.

Police said Murphy was charged with two felony counts of possession with intent to manufacture or deliver a controlled substance, two felony counts of criminal use of a communications facility and two misdemeanor counts of possession of a controlled substance.

Murphy was taken into custody about 7:30 p.m. at 509 Mahantongo St., arraigned by Magisterial District Judge James K. Reiley, Pottsville, and committed to Schuylkill County Prison unable to post $15,000 straight cash bail on each of the warrants.

During the course of the investigation, Murphy was also arrested for possession of a controlled substance after he was found with a quantity of heroin during a traffic stop on Oct. 3, police said.

Around the region, Oct. 21, 2017

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Frackville

An event called Scare Away Hunger, for the Frackville Food Bank, is set for 5 to 8 p.m. Oct. 31 at Yagielniskie’s house, 329 W. Washington St. Admission is a nonperishable food item. The Yagielniskie family, according to a release, sets up a haunted porch and sidewalk every Halloween to entertain trick-or-treating children. This will be the third year for the Scare Away Hunger donation boxes. Donated food will be given to the community food bank. Organizers are hoping to collect 500 items. For more information, call 610-683-4031.

Gordon

The Friends of Gordon group will present a free Glow Night at Gordon Park from 5 to 7 p.m. Oct. 28 at Gordon Borough Park, Park Road. People are asked to bring decorated Jack-o-Lanterns to the park for judging and prizes, and to wear Halloween costumes. There will be music and food at the park. All are welcome. For more information, call 570-875-1049.

Lykens

Our Lady Help of Christians Parish Council of Catholic Women will have a Christmas bazaar from 9 a.m. to 6 p.m. Nov. 4 at the church, 732 Main St. Admission is free. The event will include food, chance stands, jewelry, crafts, games for children and a baked goods stand. All are welcome. For more information, call 717-362-3039.

Mahanoy City

The annual Halloween parade by the West End Fire and Rescue Company will be from 1 to 4 p.m. Oct. 29, forming at 1 p.m. on Catawissa Street between Centre and Railroad streets. The march will begin at 2 p.m. to the firehouse for judging, prizes and treats. For more information, call 570-778-6118.

Minersville

A Toys for Tots benefit ride is set for 9 a.m. to 4 p.m. Sunday at the New Minersville Firehouse, 500 Line St. Participants are asked to bring a new, unwrapped toy. Registration will be from 9 to 10:45 a.m. with kick stands up at 11 a.m. All are welcome including bikes, cars and Jeeps. For more information, call 570-640-5246.

Minersville

The Minersville Fish and Game Club will have pizza night beginning at 6 p.m. Thursday at the club, Live Oaks Road. Prices vary. Pizza will also be available by the slice and varieties include supreme, meat lovers, cheese steak, buffalo chicken, sweet, mushroom, bacon and pepperoni. All are welcome. For more information, call 570-294-9808.

Pine Grove

The Pine Grove Area High School Band Boosters will have an after-Halloween comedy night beginning at 6:30 p.m. Nov. 4 at the Hose, Hook and Ladder Fire Company, 1 Orchard St. Tickets are $25 each. The event will feature the comedy of Earl David Reed with music by the band MindSet. The show will begin at 7:30 p.m. and tickets include beverages and refreshments. Tickets are available at the high school office or by calling 570-345-2731, Ext. 226. The event is for people 21 and older.

Port Carbon

First United Methodist Church is planning for a Christmas bazaar to be held from 9 a.m. to 2 p.m. Nov. 18. The event will be a vendor/craft fair and organizers are seeking vendors and crafters to participate. Food will also be available during the fair. To participate, or for more information, call 570-622-4634.

Pottsville

Schuylkill County Treasurer Linda L. Marchalk and Sheriff Joseph G. Groody have announced their offices at the county courthouse will be open 8:30 a.m. to 6:30 p.m. Wednesday providing extended hours for people to purchase hunting, fishing and dog licenses and to renew or apply for a license to carry firearms and other activities their offices usually do. For more information, call 570-628-1433 or 570-628-1440.

Saint Clair

The Saint Clair Wade United Methodist Church, 23 N. Front St., will have movie nights from 6:30 to 8 p.m. today and Oct. 28, Nov. 4 and 11. All are welcome. For more information, email bob6512@verizon.net.

Correction, Oct. 21, 2017

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Photo incorrect

The photo of Suzanne Strause, Saint Clair, was incorrect in the Schuylkill County’s Most Wanted section due to a county clerical error. The correct photo of Strause is shown above.

Pine Grove community rallies around 9-year-old boy battling cancer

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PINE GROVE — A 9-year-old sports fan with an aptitude for math and a love of LEGOs has drawn the Pine Grove community together with the mantra “#Chase-Strong.”

Chase Morgan, who’s battling cancer, talked Thursday about playing sports and his affection for his pet rabbit, Floppy, at the Little League field in Pine Grove.

Those rallying around him hope to keep him strong and have offered support to his family since Chase’s diagnosis in August.

“Two days prior, Chase was having difficulty grasping with his right hand and we noticed he was having issues walking,” his mother, Sharon, said.

Their pediatrician sent them to the emergency room at Geisinger Medical Center, Danville, where doctors discovered Chase had a brain tumor. They were referred to Children’s Hospital of Philadelphia. On Aug. 7, Chase had a biopsy. On Aug. 9, his parents were told Chase had glioblastoma, a cancerous, grade 4, aggressive brain tumor. Chase completed six weeks of radiation and chemotherapy treatment at CHOP.

“He still wanted to go to school,” his dad, Edward, said.

Throughout treatment, Chase would spend mornings at Pine Grove Elementary until 11:30 a.m., when his parents would transport him to Philadelphia for treatments. He’s a fourth-grader in Christine Van Tries’ class and has been able to maintain a 100 percent in math, his favorite subject.

He’s looking forward to an upcoming visit to Legoland in Florida.

“I love LEGOs. They have rides and big sculptures made out of little LEGOs,” he said. “You can trade in mini figures and they’ll give you special figures when you’re there.”

Chase enjoys playing right field and second base on his traveling baseball team, the Lasers, and he participates in track and is also a striker or right mid-fielder with the West Schuylkill Titans soccer team. He’s a fan of professional sports, rooting for the Minnesota Twins baseball team and F.C. Barcelona soccer team. Travis Blankenhorn and Neymar Jr. are his favorite players, respectively. Chase also began playing the drums this year.

Chase was never a fan of needles, but after his diagnosis, he has demonstrated bravery, according to his father.

“He never complains and he doesn’t even cry,” Edward said.

“He just says, ‘What’s next?’ ” his mother said.

His sister, Nia, 14, said her soccer team wears ribbons in their hair for Chase and the marching band, where she plays trumpet, has also shown support for her little brother.

Sharon said her sisters, Kate Roadarmel and Sherri Fulmer, her mother, Judy Wariki, and her husband’s family have provided comfort.

Several sports teams and school districts, including Pine Grove, Southern Columbia, Williams Valley, Schuylkill Haven Area, Tri-Valley and North Schuylkill, have offered fundraising opportunities and recognition for Chase during their joint games and special events. Chase has served as the official coin tosser at a few sports venues and has also been named an honorary captain for a few teams, his parents said. The Pine Grove Cardinals named Chase the honorary homecoming king at their football game. Teachers have sent meals and gift baskets. Friends have held chicken barbecues, spaghetti dinners and auctions in a show of support, and offered to mow the family’s yard.

Members of Chase’s traveling baseball team sold nearly 900 T-shirts with the message #ChaseStrong and his name and team number “11” on the back. Several players shaved their heads or had number “11” cut into their hair.

“We don’t consider them a baseball team. They’re family to us,” Sharon said. “Everyone in the community has supported us and we want to thank them.”

Teammates gathered Thursday for a photo with Chase, and joined their parents at the Little League park in Pine Grove. Among them were Fawn Sirbaugh and her son, Chandler, Amanda Hatter and her son, Jacob, and coaches Sam Smeltz and Larry Brown — known as “Coach Jr.”

“As a coach, you try to teach the team atmosphere. They’ve come together, just as the parents have. When you talk about Chase, they’re all in,” Smeltz said.

Elementary students will be working on a hope garden they’re creating for Chase at the front entrance. Pupils will be painting rocks to add to it during their reward day activity on Oct. 27.

One of the reasons Sharon said her family wanted to conduct an interview was to spread awareness of childhood cancer and the need for more pediatric research. She recommends visiting the website www.cannonballkidscancer.org for information about pediatric cancer and upcoming clinical trials.

Anyone wishing to donate can submit contributions to the “Chase E. Morgan Benefit Fund” at Fulton Bank, 55 S. Tulpehocken St., Pine Grove, PA 17963.

Contact the writer: ; 570-628-6007

Pine Grove Area teacher returning to district

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PINE GROVE — A former Pine Grove Area third-grade teacher who pleaded guilty to simple assault will be returning to the district, the school board announced Thursday.

Director David Lukasewicz, who serves as personnel chairman, announced receipt of an arbitrator’s decision acknowledging that Joshua A. Hewes would be returning on Nov. 2. Hewe’s teacher’s certificate had been reinstated by the state Department of Education, Lukasewicz said. He referred other questions to solicitor Nicholas A. Quinn.

Quinn, while exiting Thursday’s meeting, explained that other charges against Hewes had been dropped and that his teaching certificate had been reinstated, so that’s why he would be returning to the district. The board did not state where Hewes would be working.

According to The Republican-Herald archives, Hewes admitted in January in Schuylkill County Court that he assaulted a woman in a September 2015 altercation. While prosecutors withdrew 11 of 12 charges against him, Hewes, Pine Grove, pleaded guilty to simple assault.

President Judge William E. Baldwin accepted Hewes’ plea and, in accordance with an agreement between prosecutors and the defendant, placed him on probation for 23 months and also sentenced him to pay costs and a $500 fine.

Prosecutors withdrew four counts of aggravated assault, two each of terroristic threats, recklessly endangering another person and harassment, and an additional count of simple assault.

State police at Schuylkill Haven alleged Hewes assaulted Katherine H. “Katie” Baker, Pine Grove, in the early evening hours of Sept. 6, 2015, at the 43 Broad St. residence of Terry Levan in Pine Grove Township. Police also had alleged he assaulted Aaron Williams, Pine Grove, in the same incident. However, prosecutors withdrew all charges relating to the alleged assault against Williams.

The board entered into an executive session to discuss legal matters, and reconvened about 20 minutes later near the beginning of the meeting.

Contact the writer: ; 570-628-6007

Penn State schedule

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S2 vs. Akron, W 52-0

S9 vs. Pittsburgh, W 33-14

S16 vs. Georgia State, W 56-0

S23 at Iowa, W 21-19

S30 vs. Indiana, W 45-14

O6 at Northwestern, W 31-7

O20 vs. Michigan, 7:30 p.m.

O27 at Ohio State, 3:30 p.m.

N4 at Michigan State, TBD

N11 vs. Rutgers, Noon

N18 vs. Nebraska, TBD

N25 at Maryland, TBD


Criminal court, Oct. 21, 2017

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POTTSVILLE — In recent Schuylkill County Court action, Judge Jacqueline L. Russell accepted guilty pleas from, and, pursuant to an agreement between prosecutors and defendants, imposed the indicated sentences on, these people:

Joseph E. Martinson, 49, of Ashland; possession of drug paraphernalia; $100 fine and $100 SAEF payment.

Steven M. Rutkauskas, 34, of Girardville; endangering the welfare of children, recklessly endangering another person, possession of a controlled substance and possession of drug paraphernalia; four to 18 months in prison, $100 SAEF payment, $50 CJEA payment and $113 restitution to the state police crime laboratory in Bethlehem.

Jonathan Seekins, 34, of Coaldale; possession of drug paraphernalia and driving without a license; 12 months probation, $200 fine, $100 SAEF payment and $50 CJEA payment. Prosecutors withdrew a charge of possession of a controlled substance.

Kyron D. Smith, 20, of Pottsville; purchase, consumption, possession or transportation of an alcoholic beverage by a minor; $200 fine. Prosecutors withdrew a charge of corruption of minors.

Ean C. Snyder, 27, of Pottsville; DUI, possession of a small amount of marijuana, possession of drug paraphernalia, driving under suspension and no rear lights; 72 hours to six months in prison, $1,225 in fines, $100 SAEF payment, $50 CJEA payment and $60 restitution to Lehigh Valley Health Network. Prosecutors withdrew a charge of careless driving.

Keejay J. Thomas, 22, of Saint Clair; harassment; $150 fine. Prosecutors withdrew charges of strangulation and simple assault.

Andrea D. Schlegel, 57, of Lansford; receiving stolen property; 12 months probation, $50 CJEA payment, $50 bench warrant fee and $350 restitution.

In other recent criminal court action, a Minersville woman will be on house arrest instead of in prison after a Schuylkill County judge sentenced her on Monday for retail theft she committed in July 2016.

Gail J. Vesay, 75, must serve six to 12 months on house arrest with electronic monitoring, Judge Cyrus Palmer Dolbin ruled.

“I think it’s a good idea,” Dolbin said of house arrest, which had been requested by Assistant Public Defender Christopher M. Riedlinger, Vesay’s lawyer.

While Vesay said nothing during the hearing, her sister, Janice Kurzak, Forest Hills, Pottsville, testified she would help her.

“I don’t want to have her spend time in prison,” Kurzak said.

Vesay pleaded guilty on Aug. 30. State police at Schuylkill Haven charged her with committing the theft on July 11, 2016, in North Manheim Township.

Dolbin also sentenced Vesay to pay costs, $50 to the Criminal Justice Enhancement Account and $10 restitution. He made the sentence effective on Oct. 30.

Also on Monday, Dolbin sentenced John P. Wagner, 39, of Summit Hill, to serve three to 12 months in prison.

Wagner had pleaded guilty on Aug. 30 to possession of a controlled substance and driving under suspension-DUI related. Tamaqua police had charged him with committing those crimes on March 25, 2015, in the borough.

“I’ve made a lot of mistakes in my life,” Wagner testified. He said that after he completes his time in prison, he wants to go to California to help his daughter.

Under the terms of Dolbin’s sentence, Wagner also must pay costs, a $1,000 fine, $100 to the Substance Abuse Education Fund, a $50 CJEA payment and $113 restitution to the state police crime laboratory in Bethlehem.

In another Monday case, Dolbin placed Megan L. Matousek, 24, of Lancaster, on probation for two years, and also sentenced her to pay costs, $100 in CJEA payments and $1,950 restitution, have no contact with the victim and submit a DNA sample to law enforcement authorities.

Dolbin said Matousek has been trying hard to turn her life around and should not immediately go to prison, but warned her that she needs to keep working hard to stay clean.

“You have a long way to go,” he told her. “You are on very thin ice.”

Matousek pleaded guilty on Aug. 30 to three counts each of forgery and theft by deception in one case and forgery, conspiracy and attempted theft by deception in another. Prosecutors withdrew six counts of receiving stolen property in the first case and one additional count each of forgery and theft by deception in the second.

Tamaqua police filed both sets of charges against Matousek, alleging she committed the first set of crimes on Sept. 16, 2016, and the second on Sept. 22, 2016.

All defendants who were sentenced must pay costs as a part of their sentences.

Contact the writer: pbortner@republicanherald.com; 570-628-6014

Deeds, Oct. 21, 2017

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Deeds

Ashland — Tax Claim Bureau of Schuylkill County to Acorn Estates LLC; 33 Catawissa Road; $1,279.

Tax Claim Bureau of Schuylkill County to Acorn Estates LLC; 11334 Brock St.; $3,500.

Tax Claim Bureau of Schuylkill County to Acorn Estates LLC; 1000 Brock St.; $6,200.

The Most Rev. Alfred A. Schlert, bishop of the Roman Cathoic Diocese of Allentown, to Anthony M. Orkin; property at Brock and Eighth streets; $72,000.

Auburn — Tax Claim Bureau of Schuylkill County to Doug Naftzinger Inc.; 424 S. Front St.; $9,900.

Butler Township — Thomas S. and Angela D. Snyder to Angela D. Snyder; 257 Germanville Road; $1.

Blackstone Funding LLC, JMAC Realty LLC and LJE LLC to Karen Marie Najda; 467 Malones Road; $35,000.

Joanne M. McAndrew to Kimberly A. Parker and Thomas J. McAndrew; 302 Tielman Road; $1.

Coaldale — Bryan Cullen, individually and as executor of the Estate of Margaret Ann Cullen, to Bryan and Sarah Cullen; 12 Foster Ave.; $1.

Tax Claim Bureau of Schuylkill County to Scott R. Wesner; 202 East St.; $1,249.

Cressona — David W. and Beverly J. Gutshall to Marsha Hallihan; 12 Marsha Drive; $148,000.

Deer Lake — Tax Claim Bureau of Schuylkill County to Doug Naftzinger Inc.; property on Parkway Drive; $1,645.

Harry E. Lysek to Mark Weaver, Paul Lysek and Christine Stevens; 212 Lake Front Drive; $1.

East Brunswick Township — Raymond C. Chadwick to Reita Nairn; 3 Goose Pond Road; $42,900.

John Miles Rarick, Diane Shirley Madeira, Richard James Rarick and Christine J. Rarick, executrix of the Estate of Stewart Allen Rarick, to Pine Valley Sportsmen’s Club Inc.; 35-acre property; $55,800.

East Norwegian Township — Ronald J.J. and Ida F.M. Gawley to William J. Bender; property on Oak Street; $20,000.

East Union Township — Edgar and Linda Morgan to Carolyn Morgan; Lot 8D, Eagle Rock; $1.

Tax Claim Bureau of Schuylkill County to Joseph D. Gulden; 746 Pole Road; $25,000.

Frackville — Tax Claim Bureau of Schuylkill County to 081517 Portfolio Trust; 211 Bell Alley; $14,000.

Tax Claim Bureau of Schuylkill County to Acorn Estates LLC; 133 N. Railroad Ave.; $5,500.

Tax Claim Bureau of Schuylkill County to Dustin Breck; 523 Morris St.; $3,000.

Tax Claim Bureau of Schuylkill County to Acorn Estates LLC; 521 Morris St.; $1,330.

Girardville — Castlerock 2017 LLC to Miguel Rivas; property on East Main Street; $3,450.

Kline Township — Tax Claim Bureau of Schuylkill County to Joseph M. Stetz Jr. and Mary Sharon DeAngelo; 55 James St., Kelayres; $3,500.

Mahanoy City — Florence M. Day to Bonnie Richards and Ryan Richards; 50 percent interest in 709 E. Centre St.; $3,800.

Tax Claim Bureau of Schuylkill County to Dustin Breck; 421 E. Mahanoy Ave.; $1,229.

Tax Claim Bureau of Schuylkill County to Marino Moronta; 536 W. Centre St.; $5,000.

Tax Claim Bureau of Schuylkill County to Marino Moronta; 428 W. Centre St.; $1,254.

Tax Claim Bureau of Schuylkill County to Dustin Breck; 35 W. Mahanoy Ave.; $1,500.

Tax Claim Bureau of Schuylkill County to Marino Moronta; 8 N. B St.; $5,500.

Tax Claim Bureau of Schuylkill County to Dustin Breck; 325 E. Centre St.; $1,049.

Tax Claim Bureau of Schuylkill County to Marino Moronta; 30 E. Centre St.; $1,279.

Mahanoy Township — Jean Ann Yaccino, executrix of the Estate of Rita Sevelan, to David Perez; 33 Craigs Road; $9,000.

McAdoo — Douglas D. Olsen to Angelica Delmy Valladares; 127 E. Blaine St.; $10,000.

Tax Claim Bureau of Schuylkill County to John A. Shigo; property on East Second Street; $3,368.

Tax Claim Bureau of Schuylkill County to Herbert Eisenman; property on Market Street; $3,092.

Minersville — Tax Claim Bureau of Schuylkill County to Zachary T. Wolf; 347 Penn St.; $1,074.

North Manheim Township — Harry E. Jr. and Denise M. Bowers to John P. and Megan Danielle Toomey; 7 Lamar Lane; $255,000.

Norwegian Township — Kirk A. and Jennifer T. Becker to Jennifer T. Becker; 355 Delaware Ave., Seltzer; $1.

Palo Alto — Tax Claim Bureau of Schuylkill County to Scott R. Wesner; 218 W. Bacon St.; $8,300.

Tax Claim Bureau of Schuylkill County to Ysidro Rafael Nunez; 438 W. Savory St.; $9,000.

Tax Claim Bureau of Schuylkill County to Ysidro Rafael Nunez; 512 W. Savory St.; $6,000.

Tax Claim Bureau of Schuylkill County to Ysidro Rafael Nunez; 58 Cadbury St.; $8,000.

Port Carbon — JMAC Realty LLC to William Schaeffer III and Lindsey Zackaravage; 6 Spring St.; $87,500.

Pottsville — Edward P. and Taryn Fatula Galavage to Taryn Fatula Galavage; 214 Timber Road, Forest Hills; $1.

Reilly Township — Mary Frances Chapman, individually and as executrix of the Estate of Stephen Yuschock, Francis McCann, James McCann and Stephen Yuschock to Jonathan and Mary Frances Chapman; 56 Frame Row, Branchdale; $19,900.

Ryan Township — John D. and Nancy Steibler to John D. and Nancy Steibler; 808 Barnesville Drive, Barnesville; $1.

Shenandoah and West Mahanoy Township — Carol Ann Murphy to Robert Florio; 105 W. Girard Ave..; $2,000.

South Manheim Township — Robert T. and Marilyn M. Riegel to Jeffery A. Thomas; 2253 Wynonah Drive, Lake Wynonah; $154,900.

Tremont — Richard T. Boyer to Laura G. Boyer; property at Vaux and Pine streets; $1.

Union Township — Susan Matuk, individually and as executrix of the Last Will & Testament of Alfred J. Matuk, to Amanda Dana; 14 Ridge Road; $200,000.

Washington Township — James Bertasavage and Michael Bertasavage to Lewis E. Hooper; 1.667-acre property on Wild Cherry Road; $10,000.

District court, Oct. 21, 2017

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David A. Plachko

PORT CARBON — A 32-year-old man charged with an assault in Minersville on June 3 had charges against him held for court during a preliminary hearing before Magisterial District Judge David A. Plachko.

Kevin J. Gordon, 10 Gallo Road, Minersville, was arrested by Minersville police Patrolman Zachary Malis and charged with one misdemeanor count of simple assault and a summary count of harassment.

Plachko determined the commonwealth proved a prima facie case and ordered both charges against Gordon to Schuylkill County Court.

Malis said Desiree Gordon went to the home of Kevin Gordon to check on him after he failed to show up for breakfast with her and their 3-year-old daughter. At the door, Kevin Gordon grabbed the child and ran into the house followed by Desiree Gordon, who said she noticed Kevin Gordon’s girlfriend on a couch.

Desiree Gordon said that while she was explaining to the girlfriend why she was there, Kevin Gordon struck her on the back of the head and neck, causing her to fall to the ground, Malis said.

Other court cases included:

David J. Hoffman, 23, of 518 Pierce St., Pottsville; waived for court: retail theft, firearms not to be carried without a license, possession of a controlled substance and possession of drug paraphernalia.

Joseph P. Harkins III, 39, of 82 Silver Creek Road, New Philadelphia; waived for court: theft and receiving stolen property.

Cassanda R. Carl, 25, of 320 Spruce St., Minersville; withdrawn: possession with intent to manufacture or deliver a controlled substance. Waived for court: possession of a controlled substance and possession of drug paraphernalia.

Supreme Court ruling to impact child rape cases statewide

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In a decision that will impact child rape cases statewide, the Pennsylvania Supreme Court upheld a ruling that granted a new trial to a Lackawanna County man who challenged the admission of expert testimony.

The 4-2 ruling in the case of Kenneth Maconeghy will impact prosecutors’ ability to present certain expert testimony in cases where there is no physical evidence an assault occurred. That is significant because there often is no physical evidence in sex abuse cases, many of which do not come to light until years after the sexual abuse stopped, attorneys said.

“This won’t bar medical testimony .... (but) it sends a clear message that opinions of experts, if not based on facts obtained from a physical examination, should not be offered at trial,” said Lackawanna County Assistant Public Defender Donna DeVita,who handled the appeal.

Maconeghy, 39, of Moscow, Pennsylvania, was convicted in 2014, of repeatedly raping a 10-year-old girl over a five-month period in 2005, and sentenced to 10 1/2 to 30 years in prison. The victim did not come forward until 2011, when she was 18.

Maconeghy has been free on bail since December, 2015 — six months after the state Superior Court overturned his conviction after finding Lackawanna County Judge Vito Geroulo erred when he permitted a physician who examined the victim to testify he believed she was sexually assaulted. The opinion was based on statements the victim made to the doctor and not on any physical evidence.

In its ruling this week upholding that decision, the Supreme Court agreed the testimony was improper because state law does not permit an expert to give an opinion regarding the credibility of other witnesses. That determination is solely up to a jury, the court said.

DeVita said ensuring expert testimony is properly presented is important because it has a significant impact on a jury.

“Juries trust experts,” she said. “They give them more deference. The jury thinks, an expert believes a child, therefore we should.”

Lackawanna County District Attorney Shane Scanlon said he is disappointed with the decision. However, he said he does not believe it will lead to medical expert testimony being barred in all sexual abuses cases because the ruling is fact-specific to this case.

“The Commonwealth’s expert ... was found to have commented on the victim’s credibility,” Scanlon said in an email. “It was a single statement, that he believed that the child had been victimized, and not the entirety of his testimony, which the court took issue with.”

Scanlon said he will decide if he will retry the case after further review and speaking with the victim.

Contact the writer: tbesecker@timesshamrock.com; 570-348-9137

Shenandoah man convicted of attempted murder in Wilkes-Barre Twp. shooting

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WILKES-BARRE — Moments after being convicted of attempted murder for shooting at police and civilians in a shopping center parking lot, Scott Sargent left the courthouse Friday in handcuffs, with a smirk on his face.

It was the look Stacey Bouton, wife of Wilkes-Barre Township police Officer Brian Bouton, said she saw during his four-day trial.

“I’m just glad the jury looked through that smug look he had on his face all throughout court to see what a liar he was and that it was not an accident to shoot at these officers or toward civilians, for that matter,” said Stacey Bouton, whose husband ducked out of the way an instant before a shot struck the headrest of his SUV. “The officers did their job, and they put their lives on the line.”

Sargent, 33, of Shenandoah, was on trial on attempted-murder charges alleging he opened fire on police and civilians behind the Walmart at the Wilkes-Barre Township Marketplace in October 2015.

After about two hours of deliberations, jurors convicted Sargent on five counts of attempted murder of a law officer, as well as six counts of assaulting a law officer, one count of aggravated assault and nine counts of reckless endangerment.

“I’m proud and honored that I’ve been able, on behalf of the district attorney’s office, to present this case for the heroes that risked their own lives for the public and each other that day,” Assistant District Attorney Jarrett Ferentino said after the verdict.

The jury found Sargent not guilty on one count each of aggravated assault and reckless endangerment related to two civilians who were in the area of the shooting.

After the verdict was read, Luzerne County Judge David W. Lupas found Sargent guilty of harassment for spitting on a medic who treated him after police shot him.

Sargent, who faces decades of prison time at sentencing, will remain incarcerated at the Luzerne County Correctional Facility until he is sentenced Dec. 14.

Prosecutors alleged Sargent chose the location — a crowded shopping center on a Saturday afternoon — in an effort to inflict maximum terror as he chose to wage war against police.

Testifying during trial, Sargent contended he didn’t intend to kill anyone that day, and didn’t even realize he was fighting the police. He said he thought he was being followed and opened fire in an attempt to scare off his pursuers.

Ferentino, however, said his account didn’t make sense.

“Nothing that the defendant claimed in court made any sense when compared to the physical evidence and the eyewitness testimony,” Ferentino said. “Everything he claimed flew in the face of our entire presentation. His only option — he couldn’t say it wasn’t him — so his only option was to say, ‘I didn’t know.’ And the jury didn’t buy it.”

Jurors heard that Sargent had been drinking at Mohegan Sun Pocono in Plains Township prior to the shooting. They also heard some drug references, but did not hear that Sargent had been heavily using methamphetamine and other drugs.

Defense attorney Joseph Yeager said he thought that could have played a role in the outcome.

“The way he was charged, it was not admissible. But we felt that the jury should know the entire picture of Scott Sargent,” Yeager said. “He had mental issues, which we were not allowed to bring out either. And it just contributed to the intent aspect of the case.”

During closing arguments, defense co-counsel Melissa Sulima disputed the prosecution contention that Sargent went to Walmart to “raise hell.” In fact, he went there with his girlfriend to pick up some things before going to a hotel, she said.

“If Scott intended to injure people and attempt to hurt people, why not go to the middle of the Walmart parking lot?” Sulima said. “Where does Scott go? All the way in the back.”

The shooting eventually ended after Wilkes-Barre police Officer Alan Gribble followed Sargent behind some shipping containers and blasted him with a shotgun. Gribble previously testified that Sargent had raised his rifle up toward him.

During his closing, Ferentino told jurors that the gunshots that flew past Gribble’s head and those that hit police vehicles other officers were using as shields prove that Sargent was trying to kill them.

“He didn’t shoot Officer Gribble because Officer Gribble was quicker on the draw. That’s it,” Ferentino said. “You don’t get points for missing, and you don’t get points for being slow on the draw.”

Sargent faces a separate trial on a count of possessing a firearm as a felon. That charge was severed in an effort to prevent jurors from learning about his criminal past, although some of it came out during trial anyway.

After the verdict, Ferentino said prosecutors intend to pursue the charge despite the fact that Sargent is likely to spend decades in prison.

“We’re going to do whatever we have to do to ensure that Scott Sargent never sees the outside of a jail cell,” Ferentino said.

Contact the writer:jhalpin@citizensvoice.com; 570-821-2058

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