COMMON PLEAS COURT REPORT

A variety of interesting cases marked the week that was in the Chester County Court of Common Pleas. A few defendants from cases involving WCPD entered guilty pleas while a familiar name to this blog made an appearance on an unrelated DUI charge...


On Monday, Manuel Duran Boyer, 21, of West Chester, pled guilty to one count of Recieving Stolen Property following an incident on June 30, 2006. The defendant admitted that being in possession of three sports jerseys, valued at $40.00 a piece, which he claimed he bought from a friend of his from Reading. It was later determined that the friend had stolen the items from his cousin; the items were later returned. Judge James P. MacElree II sentenced Boyer to 55 days to 12 months in Chester County Prison, plus the costs of prosecution, and was granted immediate parole based on time served while in custody (CP-15-CR-0004789-2006). Boyer had been at Berks County Prison on an unrelated drug possession case from Reading (CP-06-CR-0004192-2006)...


In Courtroom #2, Stephen Giffing, who is awaiting trial on simple assault charges from a Mother's Day domestic assault, had a hearing on a DUI case in front of Judge Ronald Nagle on Monday. The hearing stemmed from an traffic stop at a DUI checkpoint in West Bradford in the criminal case filed by PSP/Embreeville. During his hearing, Giffing had stated that he applied for the ARD program, and did not seem to understand why he was refused. Assistant DA Mark Conte noted that Giffing had a previous simple assault charge dating back to 1999 (noted in a previous posting on this blog). Since there was a prior criminal conviction within the past 10 years, Conte noted, Giffing was ineligible for ARD. And the fact that Giffing awaits trial for allegedly assaulting his mother certainly didn't help matters much either. Ultimately, Giffing requested a non-jury trial on the DUI case, which was still scheduled to be heard during Judge Nagle's current term as of this past Thursday pending the availability of the arresting officer. (CP-15-CR-0001843-2007)...


In Courtroom #7, Richard Anthony Roessner IV, 19, a WCU student from New Jersey, pled guilty to a first offense DUI in front of Judge Anthony A. Sarcione. On November 17, 2006, P/O David Hammond initiated a traffic stop on the 500 block of East Market Street at around 01:00. P/O Hammond noted that the defendant's eyes were glassy and had detected an odor of alcohol from his breath. After failing a series of field sobriety tests, Roessner was taken to Chester County Hospital for blood work; his BAC was determined to be .10; in Pennsylvania, a person under age 21 is can be charged with DUI if his or her BAC is over .02. Roessner was sentenced to 48 hours to 6 months in Chester County Prison, a mandatory $500 fine, court costs, a suspension of his New Jersey driver's license, $70.00 restitution to the PSP Lima Regional Labs. Roessner is expected to serve his sentence this weekend. Roessner was on juvenile probation for a 2nd degree assault charge in New Jersey, though it's unclear how the DUI charge affects his probation in New Jersey (CP-15-CR-0000524-2007)...


On Tuesday, after a relatively slow day at 15-1-01's Criminal Day, it was back to the Courthouse for some more interesting drama ... well, sort of...


In what was scheduled to be a pre-trial hearing, Peter Thomas Navarro II, 24, of Downingtown, was facing charges of DUI - 1st offense, Resisting Arrest, Threats/Improper Influence in Police Matters, and two counts of Disorderly Conduct.


On December 1, 2006, WCPD units were dispatched to the 50 block of East Prescott Alley after the defendant had been drinking at Kildare's during the evening and had reportedly been causing a disturbance. Navarro had been followed by the reporting party to his vehicle on Prescott Alley. Upon arrival, two officers found the defendant sitting in the driver's seat of his car, however the engine had not been turned on and the keys to the car were not located on the driver at the time. During an attempt to conduct field sobriety tests, Navarro was uncooperative and objected to following through with the tests. Officers then attempted to place Navarro under arrest, however he became combative and resisted arrest.


The Commonwealth withdrew the DUI charges, since the officers couldn't prove beyond a reasonable doubt that Navarro was attempting to drive the vehicle. In exchange, Navarro pled guilty to Resisting Arrest and Disorderly Conduct and was sentenced to 2 years probation. In sentencing, Judge Howard F. Riley, Jr. noted that the Commonwealth and the WCPD "showed a lot more courtesy then you showed them" on that night. That's a pretty good understatement (CP-15-CR-0001066-2007)...


Wednesday's miscelaneous list in front of Judge Riley provided more than a few interesting moments. For starters, a man who had served prison time for a string of burglaries across the county appeared for a violation of parole hearing. Robert J. Banks, 46, of Philadelphia, pled guilty to Burglary in 1996 and was sentenced to 2 1/2-to-5 years in state prison plus 5 years probation in connection with 14 burglaries of drug stores in Caln, Downingtown, East Whiteland, Uwchlan, Valley, West Goshen, Westtown, and West Whiteland. In those burglaries, he gained access by breaking a glass window, then proceeded to take multiple cartons of cigarettes, which he would re-sell to stores in Philadelphia. One has to wonder if he thought about selling t-shirts which lists every district court he had hearings in in 1996...


During the hearing, Banks saw his probation violated after allegations of inappropriate communications with the prosecutor in the case (who is now an Assistant U.S. Attorney) and his probation officer. He had also failed to pay $13,201.25 in restitution to the affected stores. Banks was recently committed to Norristown State Hospital for a 60-day term to determine his competency for the purposes of the hearing; he was determined to be competent and sentenced to an additional 2 1/2-to-5 year term in state prison. Banks didn't exactly react too kindly to the judge's decision.


He had complained that he hadn't deserved to be committed to state prison for what he kept claiming was a county sentence, constantly repeating that he was "not going to accept a state bit". He had also claimed that he had committed no criminal offenses since his original charges were adjudicated. As Judge Riley was reviewing Banks' post-sentencing hearing rights, Banks made it very clear that he was not happy with the Public Defender appointed to represent him and indicated he would represent himself in future hearings. He then stated that he wanted a court appointed attorney; Judge Riley then appointed the Public Defender's office to represent him in future hearings. Not so surprsingly, Banks again changed his mind (CP-15-CR-1596-1996 - and 13 other related cases)...


Also on Wednesday, David Paul Ruggieri, Jr., 22, of West Chester, was sentenced on two separate DUI charges which had occured withing days of each other in the last week of 2006. In one case, Ruggieri was sentenced to 6 months probation for the first DUI charge (CP-15-CR-0000592-2007); on the 2nd DUI case, Ruggierie was sentenced to 48 hours in jail, 6 months probation, and 80 hours of community service on a 2nd offense DUI and to 5 days to 23 months in prison, a $300 fine, 50 hours community service, and 1 year probation on charges Fleeing and Eluding a police officer (CP-15-CR-0000592-2007). In all, that's two years probation on top of the jail term for 2 DUI's in less than a week. Genius...


During the afternoon session, a real "winner" appeared in court for a pre-trial hearing. Lamont Roland Boddy, 28, of Caln, appeared for a bail revocation hearing with an underlying charge of Aggravated Assault and Harassment on an incident in Westtown in which he allegedly choked his ex-girlfriend (and mother of his child). While on $2,500 bail on that offense, Boddy was arrested in Caln on Possession with Intent to Deliver a Controlled Substance and Possession of a Firearm (15-4-02, CR-0000134-07); in that matter, bail was set at $15,000 cash, which was posted by his current girlfriend (who is either incredibly loyal, incredibly gullible, completely stupid, or a combination of all three). To make matters worse, Boddy picked up a new set of charges from We-Go on stalking and harassment charges, for which he faces a preliminary hearing on July 12 (15-2-03, CR-0000184-07) and is presently being held on $30,000 cash bail.

Defense counsel argued that the bail agency had no reason to revoke bail and was arguing that the bail condition should be restored. Boddy's attorney (who must really be working overtime just on this particular client) had claimed that Boddy was the real victim in the Caln incident, in which he alleged that people were attempting to break into his residence and that he called the police to protect himself. The Commonwealth argued that Boddy had picked up two new charges since he was released from CCP on bail following the initial case and that two District Court Judges had reiterated the no non-criminal contact provision of the bail agreements, in which they claimed he had violated on the new charges out of 15-2-03. (A preliminary hearing on the Caln case is scheduled for July 9 at Thorndale District Court.)

Judge Riley ruled that the defendant had violated his bail conditions and ordered the defendant re-commited to CCP to await his hearings and trial on the various charges. He also ordered $14,000 of the $15,000 bail posted to be returned to Boddy's girlfriend...

Then, there's the case of Eric Lee Sadler, 39, of Coatesville. Sadler had been declared a fugitive after failing to appear for a preliminary hearing in front of Judge Bruno earlier this year on a Simple Assault case filed by P/O John O'Hare of WCPD (15-1-01, CR-0000076-07; CP-15-CR-0002471-2007). On this day, Sadler answered to a bench warrant for failing to appear for trial on a DUI charge in front of Common Pleas Judge Phyllis Strietel (CP-15-CR-0000499-2007) in March. Sadler claimed during his bench warrant hearing that he was under the impression that all he had to do was pay a fine and have charges reduced to a summary offense at the district court level. Except for the simple fact that it was a DUI charge and not a simple possession of drugs cases, that arguement would've held water. Judge Riley committed Sadler to CCP to await his trial on the DUI charge - scheduled for Judge Stritel's next criminal term on July 16 - and the Simple Assault case out of Judge Bruno's court...

A couple of small, but interesting events marked the afternoon session in Courtroom #6 on Thursday...

David Fraser, 22, of Yeadon, Delaware County, had faced charges of Burglary, Criminal Trespassing, Theft by Unlawful Taking, and Recieving Stolen Property after an incident at Swope Hall on the WCU campus on January 25 in which he and a co-defendant, Jeremy Boyd, 21, of Philadelphia took speakers and a sound system while the building was undergoing renovations. The Commonwealth pointed out that there was a question as to whether or not permission was granted, which was a point raised by defense counsel during the preliminary hearing in Judge Knapp's court in April. In any event, Fraser entered a guilty plea to Disorderly Conduct, and now must pay a $300.00 fine plus costs of prosecution, perform 50 hours of community service, and serve 90 days of probation. (CP-15-CR-0001807-2007)

The weird thing about this is (1) this was a preliminary hearing I covered on the first East Side Criminal Day that I had attended in Judge Knapp's court and (2) Boyd essentially got the same deal, only it was addressed at the District Court level. Why Fraser decided to wait to take the same deal as Boyd did is beyond me, but I guess there are things that we lay-people are not privy to in the criminal justice system. As long as all parties are satisifed that the case now comes to a conclusion, then more power to them...

The final case of interest from Thursday involved a first class low-life who needs a lot of parenting lessons. Nelson Ojeda, 19, of Coatesville, had two cases pending against him for assaulting his pregnant girlfriend. The first incident occured on New Year's Eve, in which Ojeda was charged with two counts of Simple Assault, Terroristic Threats, and Harassment; a count of Recklessly Endangering Another Person was dismissed at District Court (CP-15-CR-0000129-2007).

Despite orders from the court not to have any contact with the victim, on March 29, Ojeda again assaulted his girlfriend, causing severe enough injuries to require transport to Brandywine Hospital. He then fled the scene in the victim's car after the assault and was apprehended two days later. Again, he was charged with Simple Assault, Recklessly Endangering Another Person, Harassment, and Disorderly Conduct (CP-15-CR-0001567-2007)

While in prison, Ojeda repeatedly made phone contact with the victim, again in violation of the no contact orders imposed by the court. With the facts of the case and the repeated disregard for the protection of his victim, the Commonwealth recommended a 10-to-23 month jail term.

The defendant argued that he had completed an anger management course while in CCP and that he was actively looking to obtain his GED. In and of itself, it was not enough to avoid being returned to jail, though not for as long as the Commonwealth had hoped for.

Judge Riley sentenced Ojeda to CCP for 6-to-23 months, with credit for nearly 2-and-a-half months already served in jail, followed by a total of 3 years probation. This is on top of the "final" Protection from Abuse order that will remain in effect for the next 18 months.

Ojeda may be the father of the child, but this scumbag has a long way to go before he can ever call himself a "dad". Yet, 6 months hardly seems enough for abusing one's girlfriend, much less someone who's carrying your child...

Of course, Ojeda is nothing compared to a real low-life father from New Jersey who wouldn't accept responsibility for beating his wife while passing through Coatesville, and instead fled prior to being sentenced for that case. That story will come later this week (or at time permits)...