Friday, September 7, 2007

EAST SIDE CRIMINAL DAY - 9/07/07

Today's Criminal Day at 15-1-04 could've easily been sub-titled "Let's Make A Deal" as out of the 18 cases listed on today's docket, nine of the defendants entered into summary agreements where misdemeanor charges would be reduced to summary offenses if conditions were met within 60 or 90 days. Of the remaining cases, three defendants waived up to apply for ARD, two defendants waived up to apply for Drug Court, one case was withdrawn, and two cases were continued to next week (and both of those defendants, who were in custody on felony charges, saw bail reduced and are now out of CCP awaiting next Friday). The bank robbery in East Bradford tied up most of the officers, however, the cases were able to move along without causing major problems to the process...

The lone hearing today was the matter of Commonwealth vs. Victor Colon (15-1-04, CR-0000290-07). Colon, 65, of East Fallowfield, faced 12 counts of Dealing in Proceeds of Unlawful Activities, 6 counts of Unlawful Consumption of Alcohol on Premises, 6 counts of Unlawful Sales of Alcohol, and one count of Possession of a Gambling Device after an investigation into illegal alcohol sales at a "spanish market" at 341 South Matlack Street. On three separate occasions - July 25, July 27, and August 1 - a confidential informant went into the Matlack Street market with a $10.00 bill and allegedly purchased beer from Colon, where he had not been licensed to do so.

On August 16 at 16:20, WCPD executed a search warrant, where Colon, two other co-defendants, and at least four others (two of whom are well known to police) were on location; beers were visible in what was described as a deli counter type cooler. Police also retrieved 24 80-gallon bags containing empty beer cans, several cases of beer and rum, and nearly $5,000 in cash as part of the raid. Colon allegedly told investigators that he had sold beer at that location for nearly 9 years and that on a typical Friday night during the summer, he could sell as many as 4 cases. Officers testified that Colon did not have a license at 341 South Matlack to sell alcohol. Also found at the location was an alleged video poker machine, hence the Gambling Device count.

The Gambling Device count was dismissed after officers admitted the machine had not been tested to determine if it was in fact capable of dispensing winnings. The other counts were held for court in spite of defense counsel arguements that the "unlawful activity" didn't constitute an offense higher than a first degree misdemeanor; the liquor code violations that are alleged in Colon's case are ungraded misdemeanors. The Commonwealth argued that the acts alleged involved a willful attempt to avoid payment of state and federal taxes and the lack of proper licensing to sell alcohol. Colon remains free on $9,000 bail...

Other than that, there wasn't really noteworthy to report...

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