A relatively slow day (9 scheduled hearings) marked this week's "criminal day" at 15-1-01. Only one full preliminary hearing took place during today's docket, a drug possession case.
In this case, Joseph Patrick Lawson, 50, of the 300 block of West Chestnut, was charged with possession of a controlled substance and paraphanailia. On April 28, 2006, at approximately 23:10, Ofc. Christopher Craig testified at the hearing that he and two other bike officers were on patrol where they had made contact with Lawson, who the officers believed had a bench warrant on an unknown matter. Upon the officer's arrival, the defendant allegedly attempted to enter the residence. On further investigation, Ofc. Craig testified that he observed a green crack bag on the steps of the porch and 2 additional bags on the threshold of the door. Under cross examination, the defense attempted to make the point that Lawson only had constructive possession and that the charges couldn't be proven at Common Pleas Court. Despite that arguement, Lawson was held for trial on both counts, and remains free on $1,000 unsecured bail. (15-1-01; CR-0000103-07)
A 26-year-old Borough man facing DUI and aggravated assault trial waived his preliminary hearing today. Javier P. Pena Acateco was charged after an MVA which occured on March 10. Ofc. William Viebahn had pulled the defendant over on suspicion of DUI. While being placed under arrest, Pena Acateco allegedly became combative, requiring an officer assist request. During the struggle, a second officer was allegedly kicked, leading to the aggravated assault charges. This was apparently the assist in which another officer was responding to when he was involved in the accident at Chestnut and Darlington.
In exchange for a waiver, the aggravated assault and one of the DUI counts were withdrawn; Pena Acateco faces charges of Resisting Arrest, Carelss Driving, DUI (Generally Imparied & Highest Rate/.16% BAC or greater), and Failing to Yield to an Emergency Vehicle and remains free on $5,000 bail. (15-1-01; CR-0000089-07)
The remaining hearings were continued or withdrawn to summary offenses. Of those cases, the one that stood out was the case of Lakeisha Jones. The 30-year-old Philadelphia woman had been charged with Possession of a Controlled Substance, Possession of Drug Paraphanailia, Criminal Tresspass, and Disorderly Conduct. According to West Chester University Police, Jones allegedly had been found in the Francis Harvey Green Library overnight. When officers arrived the next morning, they allegedly found Jones in the building, along with a crack pipe that was determined to have tracable residue.
The drug and tresspassing charges were withdrawn as the defendant agreed to plead guilty to Disorderly Conduct, sentenced to time served (28 days), and ordered not to set foot on campus property. To be perfectly blunt, this particular defendant didn't seem to have all her faculties in order, and didn't seem to understand some of the questions posed by the judge. In any case, the defendant was held on detainers out of Philadelphia, so essentially, it removes Jones from the Chester County court system and sends her back to Philadelphia on the detainers. I don't think too many people involved in the case were too sorry to see that happen... (15-1-01; CR-0000093-07)
Other than that, it was a fairly slow day in court...
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