Indiana, PA - Indiana County

DISTRICT COURT DOCKET

by The Indiana Gazette on August 13, 2011 2:45 AM

Numerous defendants have been named in charges filed before Magisterial District Judge Guy B. Haberl in Indiana.

Criminal complaints and affidavits of probable cause are not evidence of guilt in a criminal case. Defendants are entitled to legal representation and have the right to question the witnesses and evidence presented against them during preliminary hearings in the district court and at trials in the Indiana County Common Pleas Court. Those charged are:

Richard Halapin, 23, of Allison Park, Allegheny County, charged Feb. 8 by Indiana Borough police with driving under the influence and one summary traffic offense following a traffic stop at 2:58 a.m. Jan. 23 on South Sixth Street near Philadelphia Street. Halapin had a blood alcohol content of 0.161 percent, court records show.

Halapin waived his right to a preliminary hearing and chose to face prosecution on the charges in the county court of common pleas.

Donald Barch, 24, of New Kensington, Westmoreland County, charged by Indiana Borough police on Feb. 8 with DUI and two summary traffic infractions following a traffic stop at 5:56 a.m. Jan. 22 on South 10th Street near Oakland Avenue. Court papers show Barch had a BAC in excess of 0.3 percent.

Barch waived his right to a hearing and opted to face action on the charges in Indiana County Court.

Edward Scalla III, 19, of Everett, Bedford County, charged by Indiana University of Pennsylvania campus police on Feb. 9 with possession of a small amount of marijuana and disorderly conduct at 2:50 a.m. Nov. 11 in a vehicle stopped for traffic violations in the parking lot at the Eberly Building on campus. Scalla pleaded guilty to marijuana possession and was fined $654.50.

Emily Gaertner, 19, of Uniontown, Ohio, and Richard Hollahan, 19, of Perkasie, Bucks County, each charged by IUP campus police on Feb. 9 with possession of a small amount of marijuana and possession of drug paraphernalia at 2:21 p.m. Oct. 10 in Gaertner's dormitory room in Maple East.

Both pleaded guilty to possession of marijuana and each was ordered to pay $711 in fines and costs.

Dante Collier, 19, of Philadelphia, charged by IUP campus police on Feb. 9 with possession of a small amount of marijuana at 3 a.m. Oct 22 in his dormitory room in Elkin Hall. Collier was held for trial in the county court following a hearing held in his absence.

Keith Sproul, 20, of Clarion, Clarion County, charged by IUP campus police on Feb. 10 with possession of a small amount of marijuana and possession of drug paraphernalia at 12:30 a.m. Oct. 27 in his dormitory room in Suites on Pratt. Sproul pleaded guilty to marijuana possession and was assessed $757.50 in fines and costs.

Mark Cessna, 35, of Young Road, Indiana, charged on Feb. 15 by Indiana Borough police with DUI and two traffic violations following a traffic stop at 2:15 a.m. Jan 26 in the 1000 block of Water Street. Court documents show Cessna had a BAC of 0.096 percent.

Cessna waived his right to a preliminary hearing and agreed to adjudication of the charges in the county court.

Christopher Burton, 35, of Ridge Avenue, Homer City, charged by Indiana Borough police on Feb. 15 with a misdemeanor count of altered documents or plates and six summary traffic offenses. Acting on an anonymous telephone tip, police found Burton at 7:06 p.m. July 30, 2010, on Burns Avenue near North Fifth Street riding a motorcycle with a license plate registered to a person who had died six years earlier. Court records show the charges have yet to be adjudicated in the district court.

Jonathan Zimmerman, 26, of Poplar Avenue, Indiana, charged by Indiana Borough police on Feb. 15 with DUI and three summary traffic infractions, including a fourth offense of driving under suspension, following a traffic stop at 2:41 a.m. Jan. 21 on the street near his residence. Zimmerman had a BAC of 0.125 percent, court papers show. Zimmerman waived his right to a hearing and chose to face possible trial in Indiana County Court.

Jelisa Swartz, 20, of Cobblestone Drive, White Township, charged by Indiana Borough police on Feb. 15 with DUI, underage drinking and two summary traffic violations following a traffic stop at 4:32 a.m. Jan. 23 in the 400 block of South Seventh Street. Court records show Swartz had a BAC of 0.044 percent.

Prosecutors withdrew the underage drinking charge and one traffic violation; Swartz waived her right to a preliminary hearing and agreed to face prosecution on the remaining charges in Indiana County Common Pleas Court.

Rory Green, 31, of Church Street, Indiana, charged by Indiana Borough police on Feb. 17 with endangering the welfare of a child, recklessly endangering another person, and two counts each of simple assault and harassment. Police reported Green choked Suzanne Sweeney and hit their infant child’s face during a domestic dispute at 10:28 a.m. that date in their residence.

Greene waived his right to a hearing and opted for adjudication in the county court.

Malena Hughes, 19, and Allison Klemmer, 19, both of Coraopolis, Allegheny County, each charged by IUP campus police on Feb. 16 with possession of a small amount of marijuana and possession of drug paraphernalia at 11:52 p.m. Oct. 7 in their dormitory room in Delaney Hall.

Hughes and Klemmer each pleaded guilty to possession of marijuana. Each was required to pay $711 in fines and costs of prosecution.

Alexander Polito, 19, of Downingtown, Chester County, charged by IUP campus police on Feb. 16 with possession of a small amount of marijuana and possession of drug paraphernalia at 9:59 p.m. Dec. 1 in her Suites on Maple East dormitory room.

Polito pleaded guilty to marijuana possession and was required to pay fines and costs of $772.50.

Katherine Bruno, 19, of Fairfax, Va., charged on Feb. 16 by IUP campus police with possession of a small amount of marijuana and underage drinking at 8:28 p.m. Oct. 9 in a dormitory room in Delaney Hall.

A preliminary hearing is scheduled for Aug. 25.

Britney Klingensmith, 23, of Berry Lane, Clymer, charged by Indiana Borough police on Feb. 17 with DUI and one summary traffic infraction following a traffic stop at 2:25 a.m. that date on the 300 block of South Fifth Street. Klingensmith refused to consent to a blood test, court papers show.

Klingensmith waived her right to a preliminary hearing and chose to face prosecution on the charges in Indiana County Common Pleas Court.

Mychael Bailey, 21, of Pittsburgh, charged by IUP campus police on Feb. 17 with simple assault, theft, harassment and disorderly conduct. Police charged that Bailey choked and punched his girlfriend, Joylynn Grant, and took her I-card at 1:46 a.m. that date in Grant’s dormitory room in Suites on Maple East.

Prosecutors withdrew the charges.

Ishanteria McBride, 19, of Philadelphia, charged by Indiana Borough police on Feb. 18 with possession of a small amount of marijuana and possession of drug paraphernalia at 1:08 a.m. Feb. 12 in Carriage House apartments, 1300 Oakland Ave.

McBride pleaded guilty to possession of marijuana and was required to pay $767.50 in fines and court costs.

Micah Sellers, 21, of Harrisburg, Dauphin County, charged by Indiana Borough police on Feb. 18 with possession of a small amount of marijuana and possession of drug paraphernalia at 11:37 a.m. Nov. 20 at Carriage House, 1300 Oakland Ave.

Sellers pleaded guilty to marijuana possession and was assessed a fine and court costs of $767.50.

Paul Desiena, 23, of Pleasant Valley, N.Y., and Julius Marewski-Mann, 20, of Wappingers Falls, N.Y., each charged by Indiana Borough police on Feb. 18 with possession of a small amount of marijuana and possession of drug paraphernalia at 10:46 a.m. Nov. 20 during an unrelated investigation at 215 S. 10th St.

Both pleaded guilty to marijuana possession. Each was told to pay $711 in fines and costs.

Kyle Lewis, 25, of Kittanning, Armstrong County, charged by Indiana Borough police on Feb. 18 with criminal trespass, disorderly conduct and public drunkenness at 2:27 a.m. that date at Sheetz, 768 Wayne Ave.

Lewis waived his right to a hearing and opted to face action in Indiana County Court.

Larry Thomas, 21, of Fayetteville, Franklin County, charged by IUP campus police on Feb. 22 with theft, alleging that he stole an Apple iPhone belonging to Meghan Shadle from her dormitory room in Wallwork Hall between 12:30 and 8:15 p.m. Feb. 13.

At a hearing held in his absence, Thomas was ordered to stand trial on the charges in Indiana County Common Pleas Court.

Brandon Burns, 19, of Souderton, Montgomery County, charged by Indiana Borough police on Feb. 22 with resisting arrest, escape, disorderly conduct, underage drinking, pedestrian under the influence of alcohol and public drunkenness. According to court records, Burns fled when officers discovered him urinating on the side of a house at 722 Klondyke Avenue at 11:42 p.m. Feb. 19, and detained him for underage drinking. He eluded officers on a foot chase to the Northern Suites dormitory on campus, according to police.

At a court appearance, Burns pleaded guilty to disorderly conduct, underage drinking and public drunkenness and was assessed $495.50 in fines and court costs.

Anthony Matarazzo, 20, of Coraopolis, Allegheny County, charged on Feb. 22 by Indiana Borough police with DUI, underage drinking and three summary traffic offenses following a traffic stop at 7:41 a.m. Feb. 20 on the 600 block of Church Street. Matarazzo failed a field sobriety test and refused to consent to a blood test, court papers show.

Matarazzo waived his right to a hearing and opted to face action in Indiana County Court for DUI and one traffic violation. Prosecutors withdrew three remaining charges.

Damon Boykiw, 27, of Hillcrest Drive, White Township, charged by Indiana Borough police on Feb. 22 with disorderly conduct, harassment, simple assault and criminal mischief. Police charged that Deborah Ames discovered Boykiw at 1:46 a.m. Feb. 20 exiting a section of her house that she rents to tenants at 919 Oakland Ave. and yelled at him, and that Boykiw responded by thrusting a pocket knife toward her, pulling a mailbox from the side of the house and punching a hole in a window screen.

Bethany Higgins, 24, of Oak Street, Indiana, and Michalis Mavrothelis, 22, of 919 Oakland Ave., Indiana, each were charged by Indiana Borough police on Feb. 22 with hindering apprehension or prosecution and obstructing or impeding administration of justice connected with the incident involving Boykiw.

According to investigators, Boykiw had visited Mavrothelis’ rented room in Ames’ house and that Higgins and Mavrothelis told police they knew nothing about him when officers investigated Ames’ earlier complaint.

Another tenant, Peter Roquemore, reported to police that Boykiw had visited Mavrothelis’ room before the disturbance, court papers show.

Boykiw was held for possible trial in Indiana County Common Pleas Court following a preliminary hearing, while Higgins and Mavrothelis pleaded guilty to disorderly conduct. Higgins was fined $348.50 and Mavrothelis was assessed $448.50.

Tyler Corran, 22, of Ebensburg, Cambria County, charged on Feb. 22 by Indiana Borough police with theft and disorderly conduct. Officers charged that Corran was caught trying to steal two bottles of rum at 2:29 a.m. Feb. 19 in the basement of the Coney Island Tavern, 642 Philadelphia St., and scuffled with employee Michael Powell.

Corran pleaded guilty to disorderly conduct and was required to pay $348.50 in fines and costs.

Esther Collins, 20, of Philadelphia, charged by Indiana Borough police on Feb. 22 with false identification to law enforcement, carrying false identification and misrepresentation of age to secure alcohol. Police charged that Collins used false identification at 11:49 p.m. Feb. 15 in an attempt to enter Wolfendale’s bar, 550 Philadelphia St., and presented the same card to investigators.

Collins was ordered after a preliminary hearing to stand trial on the charges in the county court.

Jason Kolb, 20, of Suites on Pratt, IUP, charged on Feb. 28 by IUP campus police with possession of drug paraphernalia at 9:56 a.m. Nov. 29 at his dormitory room.

Prosecutors changed the charge to possession of a small amount of marijuana, to which Kolb pleaded guilty and was fined $767.50.

Brandon Gochenauer-Jerue, 26, of Anchorage, Alaska, and Todd Reiter, 23, of Barr Slope Road, Green Township, each charged by Indiana Borough police on Feb. 28 with burglary, receiving stolen property and two counts of theft, alleging that they stole $2,712.13 worth of property from two parked cars and a residence that date in Indiana’s Third Ward.

Borough officers charged the pair in connection with the theft of compact disks, a key and a digital camera that date from John Leckie’s unlocked vehicle at 964 Philadelphia St.; a Blackberry Curve, two Motorola cellphones, a VIO GPS unit and some money valued at a total of $891.99 from Robert Clark’s residence, 1121 Washington St.; and an Apple Macbook laptop computer and a coat valued at $1,250 from Lindsey Boxler’s residence, 946 Church St., court papers show.

Reiter, who fought with an officer when police questioned him and Gochenauer-Jerue on the 900 block of Gompers Avenue, also was charged with resisting arrest, escape and disorderly conduct, court papers show.

Both men waived their rights to a hearing and chose to face possible trial in Indiana County Court.

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