Monday, June 11, 2007

DOWNINGTOWN CRIMINAL DAY - 6/11/07

In one of the quirks of the county's judicial system, WCPD files court cases in three different district courts - 15-1-01 (West End), 15-1-04 (East End), and 15-2-06 (Downingtown). Today, 15-2-06 held it's weekly criminal day, with 50 cases listed on the docket. The majority of the cases were disposed of quickly through waivers or continuances. There were 5 cases filed by WCPD that were scheduled for hearings (along with three that were continued to later dates), however, two of the defendants in those cases waived hearings directly to Common Pleas Court, two other cases were continued, and 5th defendant entered an agreement with disposition pending compliance with court ordered conditions. A total of 8 cases, mostly from Downingtown, with four from West Bradford (3 of which involved the same defendant), were heard on Monday.

Phillip G. Mason, 38, of Downingtown, was held for trial on Possession with Intent to Deliver, Possession of a Controlled Substance, Possession of Drug Paraphanalia, Theft by Unlawful Taking, and Recieving Stolen Property following three separate drug investigations in Downingtown and Uwchlan. During his hearing, Det. Pam Fentner of the Downingtown Police Department, working as a coordinator for the Chester County Municipal Drug Task Force, testified that MDTF officers arranged three separate controlled purchases with a confidential informant. Det. Fentner alleged that the defendant sold $150.00 of crack cocaine to the CI on March 23 at the McDonalds in Downingtown and $300.00 worth of cocaine at a car wash on Route 113 in Uwchlan on March 27. Two days later, at the Downingtown McDonalds, Det. Fentner alleged that Mason stole $300.00 from the CI in what was supposed to have been a controlled drug sale. In that incident, the CI met the Mason, who allegedly took the money and did not return to the McDonald's after 90 minutes. The defendant was held on all counts and remains at Chester County Prison in lieu of 10 percent of $5,000 bail. (15-2-06; CR-0000223-07)

Talmadge Dallas Brown, 35, of Downingtown, had two separate drug related cases in front of Judge Arnold on Monday. In the first hearing, an agent with the United States Drug Enforcement Agency testified that on two separate occasions, August 22, 2006 and September 6, 2006 - the defendant allegedly sold $300.00 worth of cocaine to a confidential informant in the area of Bradford and Viaduct Avenues in the Johnsontown section of Downingtown (near the SEPTA/Amtrak rail station). The two sales netted 26.3 grams and 27.2 grams of cocaine base as tested by the DEA. (15-2-06; CR-0000612-06)

In the second case, Ofc. Scott Neuhaus of the Downingtown Police Department testified that on January 5 at around 16:45, he observed Brown on the porch of his property on the 100 block of Bradford Avenue. Ofc. Neuhaus stated that he knew Brown had an active warrant for his arrest. In a search incident to an arrest, Brown allegedly was in possession of a small amount of marijuana that was tested positive by the PSP labs at Lima. (15-2-06; CR-0000003-07) The defendant was held on all counts in both cases and remains free on $2,500 bail.

Richard Lincoln Plank, 49, was arrested last week following a domestic dispute in East Caln Twp. During his hearing, Ofc. Scott Marrone of the Downingtown Police Department testified that on June 5 at around 21:15, he responded to a domestic between Plank and his mother on the 100 block of Winding Way. During the interview, Ofc. Marrone detected a strong odor of alcohol from the defendant and that the telephone was smashed to pieces. Plank was asked several times to unclench his fists and was subdued with minimal force. Once his hands were unclenched, Ofc. Marrone alleged that Plank had a 3 inch red metal pipe consistent with items used for smoking marijuana. He also testified that he found a small amount of marijuana in the bowl of the pipe. Plank was held for trial on Possession of a Controlled Substance, 1 count of Possession of Drug Paraphanalia, Harassment, and Criminal Mischief; charges of Resisting Arrest and a 2nd count of Possession of Drug Paraphanalia were dismissed. Plank remains at Chester County Prison in lieu of 10 percent of $10,000 bail. (15-2-06; CR-0000240-07)

Finally, from West Bradford comes a tale of a marraige that, to be pretty generous, is all but on the rocks.

Anthony Richard Micola, 44, had three separate preliminary hearings and a summary trial on Monday. In the first hearing, Miccolla and his wife Loretta Micola, 45, were charged with Recieving Stolen Property and Conspiracy following the theft of a motorcycle in West Chester last year. The alleged victim testified that on August 31, 2006, he reported his motorcycle was stolen from behind the Eagles Club on the 100 block of East Prescott Alley in West Chester and that he neither knew either of the defendants or gave permission for them to be in possession of the bike. In that same hearing, Trp. David Valentin of PSP/Embreeville testified that he was dispatched to the report of a domestic in progress on the 1400 block of Manorwood Dr in West Bradford on February 27 ar around 20:00. He was informed by Mrs. Micola that there was a motorcycle in the shed that was later determined to have been stripped of its handlebars, exhaust, seats, and gas tank.

At that point, Tpr. Brandon Corby arrived on scene to relieve Tpr. Valentin. The motorcycle was then towed to Embreeville barracks for processing and Mrs. Micola was taken to the barracks for further questioning. She was then interviewed further by Tpr. Corby. During the interview, Mrs. Micola stepped outside for a cigarette and allegedly attempted to leave the barracks on foot. She was then placed under arrest. In an search incident to arrest, a small amount of suspected methamphetamine was found in her front pants pocket. The substance later tested positive for .34 grams meth by the PSP Lima Lab. Both defendants were held for trial on all charges; Mrs. Micola is free on $5,000 unsecured bail. (15-2-06; CR-0000085-07 & CR-0000086-07)

As for Mr. Micola, his day was just beginning. In the second hearing, Mr. Micola was charged with Possession with Intent to Deliver, Possession of a Controlled Substance, and Possession of Drug Paraphanalia. In that hearing, Tpr. Jose Torres of the Embreeville Vice unit testified that he interviewed Mrs. Micola during the course of Tpr. Corby's interview relating to the domestic incident early in the day. Based on the results of his interview, Tpr. Torres and other troopers went back to the Micola residence and executed a search warrant on the property. A field test gave positive results for both controlled substances, a claim suppored by further testing at Lima, which yielded 21 grams of crystal meth and 4.8 grams of marijuana.

Mr. Micola was present on the property during the search where troopers found a black bandana containing several items including 4 bags of suspected crystal meth, marijuana, and a digital scale. Troopers also recovered $2,200 in cash as part of the search. In a statement, the defendant claimed the drugs were his and that he gave those drugs to feed his wife's habit. Tpr. Torres testified that the recovery of the digital scale gave him probable cause to believe that the drugs were for more than personal use. Mr. Micola was held on all charges in that case. (15-2-06; CR-0000088-07)

In a third preliminary hearing, Mr. Micola was charged with Terroristic Threats, Simple Assault, and Harassment relating to a separate domestic assault on March 30, in which the defendant allegedly struck his wife in the back and repeatedly threatented to kill her, in a complaint filed by Trp. Norman Strauss. The victim was treated on scene by EMS after suffering rib and back injuries. Mr. Micola was held on all charges in this case as well. (15-2-06; CR-0000131-07)

Mr. Micola was acquitted on summary harassment charges in a separate incident that occured at around 00:45 on February 27. (15-2-06; NT-0000175-07)

And thus ends a long session in Downingtown District Court. The fact that nearly 50 cases were heard in a relatively short period (under 4 hours, but it could've been less had it not been for the eight hearings, which cumulatively took nearly an hour and a half to complete.

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