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INDIANA DISTRICT COURT DOCKET

by The Indiana Gazette on August 08, 2013 10:59 AM

Numerous defendants have been named in criminal charges filed before Magisterial District Judge Guy Haberl, of 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 county court of common pleas.

Charged were:

• John Raspatello, 60, of St. Marys, Elk County, charged June 17 by Indiana Borough police with harassment between March 29 and April 29 in the 1300 block of School Street. Raspatello made hundreds of phone calls to the victim with many of them between the hours of 10 p.m. and 6:30 a.m. A preliminary hearing is scheduled for Wednesday.

• Marc Kovalcik, 21, of Hancock Road, Clarksburg, charged June 17 by Indiana Borough police with carrying a concealed firearm without a license and a summary driving infraction at 1:57 a.m. June 15 in the first block of South Taylor Avenue, following a traffic stop for traveling in the wrong direction on a one-way street. A preliminary hearing is scheduled for Aug. 22.

• Jason Brumbach, 22, of Fleetwood, Berks County, charged June 26 by Indiana University of Pennsylvania police with driving under the influence and six summary driving infractions at 5:37 p.m. March 9 at Maple Street and Garman Avenue, following a traffic stop for turning without signaling. Brumbach had a blood alcohol content of 0.09 percent, court documents show. A preliminary hearing is scheduled for Nov. 6.

• Derek Helmick, 18, of Freeport, Armstrong County, charged June 28 by Indiana Borough police with making false reports to law enforcement authorities, underage drinking and two summary driving infractions at 8:38 p.m. May 15 in the 600 block of Grant Street, after police investigated an accident. Witnesses reported two males exited the stairs of Giant Eagle Express carrying beer the witnesses said was stolen, and entered Helmick’s vehicle before the accident. After the accident, witnesses said the two males and possibly a female fled the scene with the beer. Helmick claimed he was alone the entire time. The charge of underage drinking was moved to non-traffic court, awaiting plea. The remaining charges were withdrawn.

• Kathleen Cappello, 21, and Kaitlyn Hoover, 21, both of Mansfield, Tioga County, charged June 28 by Indiana Borough police with possession of a small amount of marijuana and drug paraphernalia at 1:35 p.m. June 14 at 1267 School St. Police reported they received an anonymous tip that drug activity was taking place at the residence. Officers obtained trash bags from the curb and later a search warrant. Cappello and Hoover pleaded guilty to possession of a small amount of marijuana and were ordered to pay $662 each in fines and costs. Their possession of drug paraphernalia charges were withdrawn.

• Dean Holtzman, 25, of McKeesport, Allegheny County, charged July 1 by Indiana Borough police with DUI and a summary driving infraction at 3:45 a.m. June 28 in the 1100 block of Church Street. A tow truck driver reported to police that the driver of a stuck vehicle might be intoxicated. Holtzman refused a chemical test of blood, court documents show. A preliminary hearing is scheduled for Aug. 28.

• Cody Lantz, 19, of Green Valley Drive, Indiana, charged July 1 by Indiana Borough police with possession of a small amount of marijuana and drug paraphernalia at 2:33 p.m. June 26 in the 500 block of Church Street, following a traffic stop for traveling past a road closed sign and for an inoperable brake light. Lantz pleaded guilty to possession of a small amount of marijuana and was ordered to pay $662 in fines and costs. The possession of drug paraphernalia charge was withdrawn.

• Mary Zellman, 33, of Third Street, Ernest, charged July 2 by state police with DUI and three summary driving infractions at 5:20 p.m. May 31 on Old Route 119 near Center Street after officers responded to an accident report. A blood test tested positive for marijuana and Clonazepam, court documents show.

Zellman also was charged July 11 by IUP police with DUI, possession of a small amount of marijuana, possession of a controlled substance, possession of a controlled substance with the prescription label removed and two summary driving offenses at 2:12 a.m. May 31 in the 1000 block of Oakland Avenue, following a traffic stop for crossing the double yellow line multiple times. A blood test came back positive for marijuana and Clonazepam, court documents show. Preliminary hearings are scheduled for Aug. 29.

• Kody Miller, 23, of Johnstown, Cambria County, charged July 8 by Indiana Borough police with possession of a small amount of marijuana and drug paraphernalia at 4:23 p.m. July 7 at 1358 Locust St. Officers responded to a report of a male crawling through the rear window of a residence. Miller had permission to enter the residence. While obtaining his identification, officers located a marijuana grinder. Miller pleaded guilty to possession of a small amount of marijuana and was ordered to pay $662 in fines and costs. The possession of drug paraphernalia charge was withdrawn.

• Adam Newton, 19, of North Huntingdon, Westmoreland County, charged July 10 by Indiana Borough police with possession of a controlled substance at 4:01 a.m. July 7 in the first block of North Taylor Avenue. Officers observed Newton in a vehicle trying to break open a clear capsule with a white powder inside. According to court documents, Newton told officers it was Adderall. A preliminary hearing is scheduled for Aug. 22.

• Robert Coyne, 31, of South Sixth Street, Indiana, charged July 10 by Indiana Borough police with possession of a small amount of marijuana at 1:06 a.m. July 4 in the 500 block of Water Street after police detected the smell of marijuana. A preliminary hearing is scheduled for Aug. 15.

• Kyle Muir, 21, of Water Street, Indiana, charged July 11 by Indiana Borough police with DUI and three summary driving offenses at 2:21 a.m. May 26 in the 100 block of North 11th Street after police responded to a report of a single-vehicle accident. Muir had a BAC of 0.182 percent, court documents show. A preliminary hearing is scheduled for Aug. 15.

• Yasir Mohammed Alsharif, 19, of Indiana, charged June 6 by IUP police with two counts of DUI and six summary violations at 4:17 a.m. May 17 along Church Street in Indiana. According to court documents, Alsharif’s BAC was 0.10 percent when he was arrested. The DUI charges and one summary charge were waived for court. The remaining charges were withdrawn.

• Mark Allen Cline, 42, of Jeannette, Westmoreland County, charged June 7 by Indiana Borough police with possession of a small amount of marijuana, possession of drug paraphernalia and a summary traffic violation at 12:17 a.m. May 25 along Philadelphia Street in Indiana. Cline pleaded guilty to possession of a small amount of marijuana. The remaining charges were withdrawn.

• Zachary Alan Zapf, 25, of Penn Hills, Allegheny County, charged May 28 by IUP police with manufacture, distribution and possession of a controlled substance between 3:05 and 4:30 a.m. March 9 in the Hadley Union Building parking lot. The case is still active.

• Joshua Alan Ferra, 32, of Anderson Avenue, Indiana, charged June 11 by state police with two counts of DUI and a summary charge at 6:25 a.m. May 15 on Old Glory Road in White Township. According to court documents, Ferra’s BAC was 0.17 percent. The case is still active.

• Eugene Pasquale Gesuale, 30, of Pittsburgh, charged June 12 by Indiana Borough police with DUI and a summary traffic violation between 12:26 and 1:32 a.m. June 9 on North Sixth Street, Indiana. Gesuale’s BAC was not provided in court documents. The charges were waived for court.

• Alexander Joseph Pivik, 19, of New Kensington, Westmoreland County, charged June 12 by Indiana Borough police with two counts of DUI, possession of a small amount of marijuana, possession of drug paraphernalia and two summary violations between 8:46 p.m. May 4 and midnight May 5 along Maple Street in Indiana. According to court documents, Pivik’s BAC was 0.05 percent. The DUI charges and one summary charge were waived for court. The remaining charges were withdrawn.

• Steven James McGrath, 19, of Pittsburgh, charged June 12 by Indiana Borough police with possession of a small amount of marijuana and possession of drug paraphernalia between 8:46 p.m. May 4 and midnight May 5 along Maple Street in Indiana. McGrath pleaded guilty to the possession of a small amount of marijuana charge. The remaining charge was withdrawn.

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August 08, 2013 10:58 AM
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