Friday, August 24, 2007

EAST SIDE CRIMINAL DAY - 8/24/07

Nine defendants (covering 11 cases) had their days in front of Judge Knapp during today's Criminal Day at 15-1-04. Only one hearing took place this morning, with the remaining cases waived up or continued.

In the day's lone hearing, James Raymond Baron, 44, whose last known address was Sadsburyville, was charged with failing to comply with the requirements of the Megan's Law sex offenders registry. Tpr. Bruce Lehman of the PSP Megan's Law Records Unit at Harrisburg headquarters, testified that on June 13, Baron updated his information with PSP at the Embreeville barracks as required by law, giving an address as the Safe Harbor shelter. However, WCPD Det. Stan Billie testified that patrol officers made contact with Baron at Marshall Square Park; in a follow up interview, Det. Billie testified that Baron had been evicted from Safe Harbor shortly after updating his information with PSP after allegedly urinating in another resident's locker. When asked why he did not notify PSP of his change in living status, Baron allegedly replied "I did not want to." The criminal complaint filed by WCPD indicated Baron's address as "homeless", which would not satisfy PSP's requirements that an address be associated with a physical location. Baron was held for court on the lone count and remains at Chester County Prison in lieu of $5,000 bail (15-1-04, CR-0000232-07).

That's not to say there were other interesting developments that took place today...

Benjamyn Larone Boggs, who appeared in front of Judge Bruno earlier in the week on drug related charges, waived his preliminary hearing on charges of Harassment, Recklessly Endangering Another Person, Resisting Arrest, and Drug Possession charges (15-1-04, CR-0000197-07). Boggs remains in custody on an active bench warrant from Downingtown District Court and likely will have a Violation of Probation detainer lodged against him, if one hasn't been already...

Jeffrey Christopher Stair, the knucklehead who managed to pick up three separate drug possession charges in less than 6 weeks, waived his preliminary hearings on two of the cases involving possession of cocaine; those cases were filed by Ofc. Bill Viebahn (15-1-04, CR-0000227-07) and Ofc. David Hammond (15-1-04, CR-0000279-07). In exchange for the waiver, the Commonwealth withdrew marijuana possession charges filed by Ofc. Jason O'Neill (15-1-04, CR-0000211-07). Stair's bail was modified to 10 percent of $3,500 bail ($1,000 on Ofc. Viebahn's charges and $2,500 on Ofc. Hammond's charges), however he was committed to Delaware County Prison on a bench warrant relating to a DUI case...

James B. Allison, 28, of Oxford, had been held in Chester County Prison on $500 bail by Thorndale District Judge James Charley after his arrest by Ofc. John DiBattista over the weekend on Drug Possession and Trespassing charges (15-1-04, CR-0000280-07); he had a previous case filed by Ofc. Greg Cugino on drug possession and paraphanalia charges (15-1-04, CR-0000236-07). His bail had been posted and his hearing on the new charges continued to September 14, though his preliminary hearing on Ofc. Cugino's charges is scheduled for September 7...

Michelle Lee Adderton had her hearing continued to next Friday on charges of Witness Intimidation (15-1-04, CR-0000278-07). Despite my previous comment that there was a chance the hearing might have to be moved to another court, it was determined that despite the allegations being related to a case heard in front of Judge Knapp, the allegations did not occur in her presence, and as such she will hear the case next week...

Michael Scott McClinton, 24, of Exton, had a summary hearing on charges of Driving Under a Suspended License/DUI-Related (aka "1543-B"), which is the quirky summary charge that carries a mandatory jail term if convicted and requires an ADA to prosecute the case. The case stemmed from a traffic stop by Ofc. Hammond on March 22.

McClinton's DUI case stemmed from a January 26, 2006 traffic stop by (you guessed it) Ofc. Hammond. McClinton was originally accepted into ARD on July 25, 2006 by Judge Anthony Sarcione. On November 28, 2006, McClinton was removed from the program by Judge Edward Griffith. On January 16, McClinton pled guilty to DUI 1st Offense/3rd Tier and Fleeing/Eluding Police and was sentenced by Judge Howard F. Riley, Jr. to 72 hours to 6 months at Chester County Prison, 1 year concurrent probation, and fined $1,500 ($1,000 on the DUI charge and $500 on the Fleeing charge); charges of Terroristic Threats, Harassment, and two traffic offenses were nolle prossed. It would not be surprising if McClinton has his probation violated as a result of these new charges (CP-15-CR-0001629-2006).

McClinton was found guilty on the 1543-B charge and is slated to be formally sentenced on October 1, pending an appeal to the Court of Common Pleas. His defense attorney had indicated the possibility of applying for the Intermediate Punishment Program, though how it would be handled at the District Court is unclear (15-1-04, TR-0002140-07).

McClinton also faces charges of Institutional Vandalism, Criminal Mischief, and Public Drunkeness following a August 5 incident investigated by Ofc. Dave Stuart; his preliminary hearing is scheduled for September 14 (15-1-04, CR-0000259-07)...

Felix Quintero, who was arriagined in front of Judge Bruno last week on a DUI charge and held at CCP in lieu of $5,000 cash bail, appeared in front of Judge Knapp on a Public Drunkeness citation; he pled guilty and was essentially sentenced to time served at CCP, which at least cleared that case out of the system (15-1-04, NT-0001282-07)...

And finally, after Kurt David Christman, 20, of Wyomissing, Berks County was arraigned on felony charges relating to today's early morning chase (see post below), one more arraignment took place. Jessee R. Franco, 19, of Brick, N.J., was arraigned on DUI and Careless Driving charges after a traffic stop in Westtown this morning by Ofc. David Leahy of the Westtown-East Goshen Regional Police. Franco is now free after posting 10 percent of $2,500 bail and has a preliminary hearing tentatively scheduled for August 30 in West Goshen District Court (15-2-03, CR-0000277-07).

And that wrapped up a relatively slow (caseload wise, at least) but interesting Criminal Day at 15-1-04...

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