Friday, April 27, 2007

EAST SIDE "CRIMINAL DAY" - 4/27/07

And now, a new feature to the West Chester Unplugged blog ... semi-regular recaps of your local Magesterial District Court system. Rather than comment on the many summary cases (which would take forever), I've decided to start commenting on the variety of criminal cases that come before the District Courts, which is the first stop in the often long and occasionally twisted road in the county justice system before going through to Common Pleas Court.

Tuesday mornings are reserved for preliminary hearings at District Court 15-1-01 (Judge Bruno), covering the 3rd, 5th, 6th and 7th wards in the west side; Friday mornings are preliminary hearing days at District Court 15-1-04 (Judge Knapp), covering the 1st, 2nd, and 4th wards in the east side. These days are referred to informally within the court system as "criminal days." At least one such day is reserved in each district court in the county.

More often than not, a lot of the interesting facts about court cases and crimes in and around West Chester are made public during these preliminary hearings, though most cases are simply plea bargained down or waived for trial in Common Pleas Court without a hearing. Having said that, and knowing that this feature may ruffle more than a few feathers, here's something to keep in mind:


  • These hearings, by virtue of being discussed in an open setting at a court of competent jurisdiction, are public record. Anyone who may have a problem with these cases being mentioned on this blog (mainly the defendants) should understand that if you don't want to open yourself up to ridicule because of these cases, don't do the crime.
  • These are not the actual trials; these are only the preliminary hearings. All suspects are innocent until proven guilty in the Chester County Court of Common Pleas.
So, without further ado...

A long and relatively uneventful "criminal day" at District Court 15-1-04 was highlighted by a thug who fought the law and lost, a vindictive husband, and either a common crook or a misinformed music student (depending on which side you believe). Most of the other preliminary hearings brought in front of Judge Knapp were either waived or continued.

In the first hearing, a 40 year old Kennett Square man was held for trial on allegations that he falsely having his wife involuntarily committed to a hosptial (a "302") after she filed a Protection From Abuse order against him. At the hearing, the victim alleged that George Mendoza Walker had initiated "302" proceedings against her after she filed a PFA order against him following an ongoing period of verbal abuse and threats of physical abuse. The day after the PFA was issued, the victim alleged that Mendoza Walker had signed 302 paperwork under false pretenses and in retaliation for the PFA being lodged against him in their Southern Chester County home.

In additional testimony, a mental health evaluator testified that, after a 2-hour interview with the victim, she did not believe the 302 proceedings were not justified and that the victim was in no iminent danger to herself. During the course of the hearing, Mendoza Walker was leering at the female Assistant DA, leading to an admonishment from the judge.

Side note: it just goes to show how stupid some men can be. If one were facing charges relating to a domestic dispute against my wife, the last thing one would want to do was, for lack of a politically-correct way to put it, "make eyes" at the female prosecutor. Then again, my opinion is based on watching numerous episodes of "Law & Order" and enough real crime stories on Court TV. Anyway...

Ultimately, Mendoza Walker was held for trial on two counts of Unsworn Falsification to Authorities, two counts of Harassment, and one count each of Intimidating a Withness/Victim and Retaliation Against a Witness or Victim. While the alleged incidents leading to the case appear to have taken place in the Southern part of the county, it seems the case was brought before a judge in West Chester, probably becase the false statements were to a mental health service in West Chester. There do not appear to be any domestic related charges pending against the defendant anywhere else in the county. (15-1-04; CR-0000119-07)

In the second hearing of the day, a 19-year-old Borough man was brought in front of Judge Knapp after an altercation with police in the East End last week that, to use the old cliche, started off as a "routine traffic stop" (which most cops will tell you is a contradiciton in terms). Shortly after 12:00 last Thursday, Ofc. Thomas Flick of WCPD initiated a traffic stop on the 300 block of East Miner St. In testimony, Ofc. Flick stated he observed a vehicle operated by Christopher Quintana on the 100 block of South Adams St. The defendant then parked his car in front of his residence on Miner St.

Upon approaching the vehicle, Ofc. Flick testified that he has observed the windshield of Quintana's vehicle was cracked and that the defendant claimed that he had been warned twice about it. The defendant was then issued a citation for the windshield violation. Quintana then allegedly began ranting against the police in general, claiming the police department was harassing him. At that point, Quintana allegedly ripped up the citation and threw it as if it were confetti, stating, "This is what I think of your citation," Ofc. Flick testified.

Quintana then allegedly ran into his house while Ofc. Flick then began writing a 2nd citation for littering. Moments later, the defendant came back out onto his porch, on the phone to West Chester Police dispatch for several minutes, demanding to speak to a supervisor while allegedly making "demeaning comments towards officers." During that point, the defendant appeared highly agitated. Quintana's alleged rant was recorded on tape, Officer Flick testified. Quintana had began to pick up most of the ripped up citation from the sidewalk and street, however when he failed to pick all of the trash up, Ofc. Flick instructed him to pick up the rest of the citation, at which point he allegedly yelled back, "No, you pick it up!"

Ofc. John DiBattista, then arrived on scene to assist Ofc. Flick. When Ofc. DiBattista arrived on scene, Quintana allegedly began to instigate the other officer, Ofc. Flick testified. The defendant continued to rant and rave and had then directed physical threats at the officers. At that point, Ofc. Flick attempted to arrest Quintana. Quintana then allegedly tried to pull away from the officers and began to fight at that point. During the fight, Quintana allegedly punched Ofc. Flick once in the face, knocking his glasses to the sidewalk and allegedly kicked Ofc. DiBattista in the chest. Three additional officers then arrived on scene to place Quintana into custody.

During the transport to the station, Quintana allegedly continued to behave in a combative manner while en route to the station, attempting to kick out the door of the vehicle. Ofc. Flick testified that there was damage to the window and door frame of the vehicle, rendering the vehicle inoperable; as of today, the vehicle is still out of service awaiting repairs. During the fight, Quintana also allegedly ripped Ofc. Flick's uniform shirt, and is also accused of damaging Ofc. DiBattista's radio by ripping the microphone cord out.

Quintana's attorney requested a bail reduction, citing the defendant's work history and that he was supporting a child. The Commonwealth cited the defendant's numerous past contacts with WCPD, including a pending Recieving Stolen Property case out of 15-1-01, a summary charge of Criminal Mischief out the same court, and two additional non-traffic cases that were adjudicated in the past seven months. Quintana remains at Chester County Prison in lieu of $25,000 cash bail on charges of Aggravated Assault, Simple Assault, Disorderly Conduct, Aggravated Harassment by Priosner, Resisting Arrest, Institutional Vandalism, Criminal Mischief, and Littering. (15-1-04; CR-0000134-07)

Side note: if this sounds like one of those cases right out of those police video TV shows where a routine traffic stop turns into a fight and it's caught on those police car dash cameras (such as Court TV's "Most Shocking", "Hot Pursuit", and "Video Justice"), then you're not too far off. On another side note, just one week prior to this incident, Quintana was one of several subjects involved in a neighborhood dispute in the West End, part of which spilled out onto my block. Twice within a two hour period, police had to be called out, however no charges were filed against any of those involved.

In the final hearing of the day, a West Chester University student faced burglary and theft charges related to an incident at Swope Hall. At the hearing, Det. Sgt. Matthew Paris of the WCU Police testified that sometime between 16:30 and 17:30 on January 25, David Fraser, 22, of Yeadon, allegedly entered Swope Hall without permission and, along with an accomplice, proceeded to take speakers that were property of the WCUPD. Sgt. Paris testified that during the incident, one of the surveillance cameras was tilted downward, obscuring the alleged act.

Sgt. Paris testified that access to Swope Hall had been restricted to authorized faculty and staff as Swope had been closed while the Music Department moved into it's new arts center on South High St near the Bull Center. Sgt. Paris testified that only three persons were videotaped in the area where the speakers were allegedly stolen from - one of whom was a professor, the other two were the individuals charged in the case.

During the defense's case, Fraser testified that he and his alleged accomplice, Jeremy Boyd had verbal and written permission to be on location and to take "any untagged items" that were not being moved to the new arts center. However, Fraser was unable to provide irrefutable proof to that effect during the course of the hearing. Additionally, Fraser had testified that he and his Boyd were in Swope to find out where a rehearsal for a campus-sponsored Gospel Choir was to be held. He had testified that the two men took the speakers to use at an event in Philadelphia that weekend and returned the speakers after Boyd was arrested.

Fraser was ultimately bound for trial on charges of Conspiracy, Burglary, Criminal Tresspass, Theft By Unlawful Taking, and Recieving Stolen Property. Boyd, 21, of Philadelphia, is scheduled to be in court on May 25, for his preliminary hearing on the same charges. Both men are free on $2,500 unsecured bail. (15-1-04; CR-0000051-07)

No comments:

Post a Comment