Friday, May 11, 2007

EAST SIDE CRIMINAL DAY - 5/11/07

On the heels of a relatively quiet West Side Criminal Day on Tuesday, today's preliminary hearing day at 15-1-04 was just as quiet. Only 10 cases were listed on today's docket, with only one preliminary hearing taking place.

In that hearing, a 35-year-old borough man faced charges of marijuana and cocaine possession following an unrelated investigation near the Star Social Club. At around 21:26 on Thursday, January 11, Ofc. Christopher Craig was on foot patrol on the 50 block of Railroad Alley searching for a subject with an outstanding bench warrant. In course of his patrol, Ofc. Craig testified that he observed a gold Plymouth Voyager occupied by the defendant, John H. Merrick, in the area. Upon further investigation, Merrick allegedly cracked the window about 2 inches, upon which time a cloud of smoke that the officer suspected was burnt marijuana wafted from the vehicle. Merrick then allegedly told the officer, "I'm going to leave" and proceeded to drive away from the scene towards Market St.

At that point, Ofc. John DiBattista attempted to pull the vehicle over, however the defendant allegedly refused to yield, though was not driving erratically. Merrick then pulled into a parking lot near the 200 block of E Barnard St. Ofc. DiBattista then testified that he observed the defendant reaching towards the center console of his vehicle. Upon pulling the defendant out of the vehicle, Ofc. DiBattista testified that he observed the interior of the defendant's vehicle to be smoky, then observed in plain view a cigar that contained suspected marijuana. After obtaining consent to search the vehicle, an second cigar containing suspected marijuana and a mint container containing suspected cocaine was also recovered. The objects were sent to the State Police lab in Lima, where the items tested positive for .59 grams of cocaine and .64 grams of marijuana.

Merrick was ordered held for trial on four charges: Possession of a Small Amount of Marijuana (Personal Use); Intent to Possess a Controlled Substance (cocaine); Possession of Drug Paraphanalia; and Operating a Motor Vehicle with a Suspended Registration. He remains free on $2,500 unsecured bail. (15-1-04; CR-0000050-07)

In other matters, 3 DUI cases and a theft case were waived for Common Pleas Court, and the remaining 5 cases were continued to later dates. After the preliminary hearings were held, a 20-year-old WCU student was arraigned on drug possession charges, which appeared to be related to a traffic stop sometime last night. Bryan Willis Spokas was arraigned on three separate drug charges by Judge Knapp and was released after posting 10 percent of $2,500 bail. His hearing is scheduled for next Friday, although, as is generally customary on the first listings for preliminary hearings, it will likely be continued to a later date. (15-1-04; CR-0000155-07)

This, incidentially, is not the first drug related run-in Spkoas has had with WCPD. According to court records, Spokas is scheduled to appear at Downingtown District Court on June 11 on one count of Marijuana Possession stemming from an incident in mid-April in East Bradford (15-2-06; CR-0000163-07).

Some people just don't learn...

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