At The McShane Firm, we know that potential clients like to see cases handled by our firm, so we’ve compiled a collection of articles detailing some of the more high-profile cases handled by The McShane Firm, LLC, Law Offices. For more information about our firm and how you can fight DUI cases and more, contact us.
In The Press
EXCLUSIVE: Attorney Gerolimatos on News Talk 104.1 discussing peaceful protest fallout
April 16, 2020
News Talk 104.1 BY TODD BARTLEY Attorney Thomas M. Gerolimatos, Esq. joined News Talk 104.1 on Thursday morning for an interview discussing the upcoming peaceful protest being planned by the group ReOpen PA. The McShane Firm, LLC has extended an offer of support to anyone that is detained or arrested during the peaceful protest in Harrisburg on Monday. The full interview is available here: http://talkwilliamsport.com/exclusive-attorney-gerolimatos-on-news-talk-104-1-discussing-peaceful-protest-fallout/
‘This was combat,’ defense attorney says in urging acquittal for Harrisburg slaying
August 16, 2018
PennLive By Matt Miller Is Razawn “RaRa” Moore a deliberate, unjustified killer or a victim who fired a fatal shot in valid self-defense when he was attacked outside a Harrisburg bar? A Dauphin County jury will begin deliberating Thursday to decide which definition to apply to the 28-year-old city man. Their decision could send Moore home, or condemn him to prison for the rest of his life. At issue is
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‘I chose to live’: Harrisburg man tells jury he fired fatal shot in self-defense
August 15, 2018
PennLive By Matt Miller Razawn Moore told a Dauphin County jury Wednesday that he fatally shot a man outside a Harrisburg bar in November 2015 because he was sure the guy was going to kill him. Twame Evans had attacked him from behind without provocation, Moore testified. He said he fired when he saw Evans wielding a knife. “I thought, ‘It was me or this guy.’ I chose to
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Victim’s family refuses to OK plea deal, sending Harrisburg murder case to trial
August 13, 2018
PennLive By Matt Miller Jury selection started in a Harrisburg murder trial Monday afternoon after the victim’s family refused to sign off on a plea deal. That aborted deal, which was not outlined during the brief hearing before Dauphin County Judge Scott A. Evans, would have spared Razawn Moore from the risk of spending the rest of his life in prison. That would be Moore’s fate is the jury issues
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Attorney Katherine McShane Comments on PA Gun Laws for ABC27 News
April 17, 2018
abc27.com HARRISBURG, Pa. (WHTM) – Attorney General Josh Shapiro announced on Monday that his office has reviewed and upgraded concealed-carry agreements with 13 states. New agreements are in place with Idaho and Alabama. Shapiro also announced that in 30 days, Pennsylvania will no longer recognize concealed-carry permits issued in Virginia. “They have a weaker standard for their background checks, which is something they acknowledge,” Shapiro said. “Because of that, we
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Were you wrongly ticketed for speeding? Critics slam accuracy of Pa. police device
March 22, 2018
PennLive.com Hayler Osborn was cruising along a leafy stretch of Delaware County this spring when a pair of police officers, standing beside a patrol car, waved him over. Osborn, 75, a retired radiologist from the Philadelphia suburbs, was perplexed. He didn’t think he had done anything wrong. After pulling his SUV into a side street, the officers delivered news that only perplexed Osborn further: They told him he had been
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He wasn’t allowed to have a gun, but he killed his York County girlfriend, fired at police
September 28, 2017
Jessica Mellinger tried to get away from John Snyder. But Snyder followed her outside with a shotgun, fatally shot her, and dragged her inside a York Township home. When police officers showed up, Snyder fired at them. After several hours on a snowy and freezing January night in 2014, police entered and found that the 24-year-old Snyder had shot and killed himself. Mellinger was a Red Lion graduate, a mail carrier,
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Random boat inspections deemed unconstitutional by court
August 23, 2017
Abc27 By: Mike Parker HARRISBURG, Pa (WHTM) — The Pennsylvania Fish and Boat Commission (PFBC) is considering an appeal of a court decision deeming random boat inspections unconstitutional. The 2-1 decision, filed Monday by the Pennsylvania Superior Court, reversed a conviction handed down by a Magisterial District Court and later upheld in Erie County Common Pleas Court. The case stemmed from a 2016 incident involving a boater on Lake Erie
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New sentencing standards coming for DUI offenders
July 28, 2017
HARRISBURG, Pa. – New sentencing standards for those convicted of driving under the influence are set to take effect next month. Under Act 33, signed into law by Governor Tom Wolf in 2016, first-time DUI offenders who blow a .10 or greater in a sobriety test will be required to install an ignition interlock in their vehicle instead of having their license suspended for one year. The law also allows
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Trial ahead for fired cop accused of having child porn
May 30, 2017
A former West Manchester Township police officer is now facing trial, accused of possessing child pornography. Chad Richard Howell was scheduled to have his preliminary hearing Monday but instead waived his right to the proceeding. Spring Grove-area District Judge Tom Reilly — sitting in for West Manchester Township-area District Judge Keith Albright — set formal court arraignment for June 2. Howell, 36, of Dillsburg, remains free on $25,000 bail, charged with 50
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Possible trial looms for teens charged as adults in Dieruff melee
December 15, 2016
lehighvalleylive Three Dieruff High School students now face trial on charges in connection with an after-school melee involving 20 students that left two teens hospitalized. Twelve arrests were made and four of the teens have been charged as adults — one 17-year-old and three 18-year-olds. Seven of the juveniles have been adjudicated in their cases in juvenile court, and are in the process of being sentenced, prosecutors said. The district
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Sanutti-Spencer seeks new trial in ex-husband’s murder
July 4, 2016
Daily Item BLOOMSBURG — Maria Sanutti-Spencer gave nearly 50 reasons in her appeal summary filed Thursday in Columbia County Court on why she should be granted a new trial after a jury found the former lawyer and soccer mom guilty in November of killing her ex-husband in July 2012. Sanutti-Spencer, 51, of Selinsgrove, was convicted of gunning down Frank Spencer, 46, of Millville. She was sentenced to life in prison
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Beneficiary of Rafferty’s Proposal will be Ignition Interlock Providers
May 6, 2016
Pennlive Leading Harrisburg-area DUI defense attorney Justin McShane think so. He believes the main beneficiary of Rafferty’s proposal will be ignition interlock providers, who will dramatically increase business while “this won’t stop near as many DUI deaths as people imagine.” McShane argues lawmakers would be better served assigning interlock devices for longer than the typical one-year term to repeat, high-BAC offenders, and then work on significantly ramping up penalties and
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EXCLUSIVE INTERVIEW: Sanutti-Spencer seeks new, ‘fair’ murder trial
February 22, 2016
Francis Scarcella Daily Item MUNCY — Maria Sanutti-Spencer has filed a notice of intent to file an appeal after a Columbia County jury convicted the 50-year-old Selinsgrove woman to life in prison on charges that include murdering her ex-husband and attempting to burn down a Danville residence. Sanutti-Spencer spoke out from the State Correctional Institution at Muncy about the murder of her ex-husband, Frank Spencer, 46, of Millville, and said
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Exclusive Interview: Maria Sanutti-Spencer seeks ‘fair trial’
February 21, 2016
Francis Scarcella DailyItem MUNCY — Maria Sanutti-Spencer spends up to 16 hours a day in her cell at the State Correctional Institution at Muncy following her November murder conviction, biding her time with hopes she will be granted a new trial. Sanutti-Spencer, 50, of Selinsgrove, continues to review court documents after she fired Christian Hoey, her attorney during the nearly two-week trial, and now meets with her new legal team
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Maria Sanutti-Spencer in exclusive prison interview: Only one person to blame in shooting death of ex-husband: Diabolical dad
February 21, 2016
By Francis Scarcella DailyItem MUNCY — Five years ago, Maria Sanutti-Spencer held the title of attorney, soccer coach and volunteer. Now, the mother of two, convicted in November of murdering her ex-husband, Frank Spencer, 46, of Millville, on July 1, 2012, says she cannot accept life in prison just because she is the daughter of a self-proclaimed mafia hitman. In an exclusive interview with The Daily Item from inside the
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Education on laws, safety go hand-in-hand
January 18, 2016
By Roger DuPuis, Central Penn Business Journal Alan Bernardi doesn’t need to watch any TV or read any newspapers to know that gun ownership is on the rise in the midstate. Vice president of the Harrisburg Hunters’ and Anglers’ Association, Bernardi sees that interest reflected in growing club membership, and in new faces signing up for the association’s gun safety and training courses. Bernardi has heard it all: Fears about terrorist attacks,
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Grine Attempts to Remove Harrisburg Firm From Lawsuit
June 19, 2015
StateCollege.Com by Zach Berger A Harrisburg law firm is firing back at a Centre County judge who is trying to remove it from a civil lawsuit. Judge Jonathan Grine filed a lawsuit against the county government, the McShane Firm, and lawyer Theodore Tanski after the county turned over his phone records to the firm. Some defense attorneys with cases in Centre County court have used records of text messages between
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Analysis: Pa. DUI laws among most lenient in US
June 16, 2015
ABC27 By Myles Snyder HARRISBURG, Pa. (WHTM) – A new analysis ranks Pennsylvania among the states most lenient on drunk drivers. WalletHub compared DUI laws in all 50 states and the District of Columbia and looked at 15 key factors to evaluate which are strictest. Pennsylvania ranked 49th out of 51. Key factors included minimum jail time for a first offense, minimum jail time for a second offense, when drunk
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Lawyer says video shows TSA workers violating security protocols at HIA
June 3, 2015
PennLive By Matt Miller Harrisburg-area attorney Justin McShane wasn’t at all surprised that the federal Transportation Security Administration posted failing marks in recent tests of security screenings at the nation’s airports. His own travels through U.S. airports have left him starkly critical of the TSA’s competence. And that’s not just his opinion. A 10-minute video he shot with a cell phone several months ago documenting his experience going through security
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Attorney: TSA agent at HIA running equipment without training
June 2, 2015
ABC27 By Kendra Nichols Harrisburg attorney Justin McShane has video he says proves a TSA agent at Harrisburg International Airport in Middletown was running equipment she was not trained to use. McShane recorded the video while going through TSA screening at the airport last year when his laptop was flagged and he was forced to go through an invasive pat down. “That’s the very humiliating process where they take two
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Centre County to Appeal Injunctions on Records Requests
May 26, 2015
ThelegalIntelligencer.Com By Lizzy McLellan and Max Mitchell A question of Right-to-Know Law procedure in Centre County is likely bound for the appellate courts, putting on hold several cases related to alleged improper contact between members of the judicial branch and the district attorney’s office. In three similar orders, a Huntingdon County senior judge has issued a preliminary injunction precluding the Centre County government from responding to judicial records requests relating
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Parks Miller enters more filings ahead of hearing
May 12, 2015
Center Daily Times By Clayton Over More filings were entered by Centre County District Attorney Stacy Parks Miller in her lawsuit against Centre County on Tuesday morning, the day before a hearing is scheduled in the matter in Bellefonte. One of the documents, a memorandum of law in support of Parks Miller’s position in her lawsuit, points to an order handed down last week by Huntingdon County Senior Judge Stewart
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Harrisburg loses appeal to stay lawsuit challenging city’s gun laws
May 6, 2015
Fox43 By Howard Sheppard HARRISBURG, Pa. – A legal setback for Harrisburg in its legal shootout with US Law Shield over the city’s ordinances regulating firearms. US Law Shield of Pennsylvania through The McShane Firm, LLC sued Harrisburg City, the mayor, city council members and the police chief in January over what it called the city’s illegal gun ordinances. (US Law Shield of PA ex rel Todd Hoover and John
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Family of drunk driving victim speaks
April 29, 2015
Local21News LANCASTER, Pa. — A strict sentence was handed down to a man responsible for killing a teen in a drunk driving accident. Another family grieves the loss of a loved one to a drunk driver. “We lost an irreplaceable member of our family due to a tragic crime that could have been avoided,” said Samantha Demko, sister of Meredith Demko who was killed last summer. Chris Demko, Meredith Demko’s
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Hearing Scheduled As Defense Attorneys & Parks Miller Continue Fighting in Court Filings
April 27, 2015
StateCollege Michael Martin Garrett Continuing a trend of conflict in the county court system, a local law firm is taking aim at Centre County District Attorney Stacy Parks Miller’s lawsuit against the county. Attorneys Sean McGraw and Andrew Shubin, who are co-defendants alongside Centre County, call the DA’s lawsuit an attempt “to restrain public criticism of [Parks Miller’s] conduct in office” in new court documents filed Friday. McGraw and Shubin’s
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Gun ordinances in the crosshairs
April 27, 2015
Fox43 Gun rights groups are suing cities across Pennsylvania, challenging their gun ordinances. One of those lawsuits is playing out in Harrisburg, where the group U.S. Law Shield and Dauphin County attorney Justin McShane are trying to get five of the city’s ordinances regulating the use of guns thrown out. “We need to recognize that Harrisburg does have an epidemic of violence, and the number of guns which are being
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Harrisburg Law Firm Asks Court for Permission to Release Judge’s Phone Records
April 22, 2015
StateCollege By Michael Martin Garrett Centre County Common Pleas Judge Jonathan Grine’s lawsuit against the county and a Harrisburg law firm continues to heat up as the parties do battle through dueling court documents. The latest attack comes from attorney Theodore Tanski and the McShane Law Firm, who accuse Grine of attempting to suppress their right to free speech. They want the Centre County Court of Common Pleas to lift a
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Centre County Goes on the Attack, Accuses Judges of ‘Destroying Appearance of Fairness’
April 15, 2015
StateCollege By Michael Martin Garrett The Centre County government may be the defendant in the lawsuits brought by two judges, but the county has gone on the offensive. In new court documents filed Wednesday, Centre County’s attorney Mary Lou Maierhofer has some strong words for Common Pleas Judge Jonathan Grine and Magisterial District Judge Kelley Gillette-Walker. She accuses the two judges of eroding the public’s faith in the Centre County
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Centre County Asks Court to Dismiss DA’s Lawsuit
April 15, 2015
StateCollege By Michael Martin Garrett Centre County wants District Attorney Stacy Parks Miller’s lawsuit thrown out of court. Attorney Mary Lou Maierhofer, who represents the county through its insurance program, already went head-to-head with Parks Miller at a court hearing earlier this month, where the two women seemed to get things off to a less-than-friendly start. Now Maierhofer is taking aim at Parks Miller once again in new court documents filed
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Former Centre County assistant district attorney Karen Arnold calls for legal scrutiny of Bruce Castor appointment
April 14, 2015
CenterDaily By Jeremy Hartley BELLEFONTE — A former Centre County assistant district attorney urged county commissioners Tuesday to dig into the legality of Bruce Castor Jr.’s appointment as special district attorney. Castor has represented District Attorney Stacy Parks Miller since forgery allegations against the district attorney went public in January. Parks Miller appointed him to the special district attorney position Friday. According to the oath of office, his duties in
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Centre County Courts ‘in Turmoil’
April 14, 2015
TheLegalIntelligencer By Max Mitchell and Lizzy McLellan In Centre County, a spate of lawsuits involving jurists, attorneys and county officials has created a contentious atmosphere, after several controversial open records requests opened a can of worms. On one side, several defense attorneys are pointing to cellphone records that they claim show a very close relationship between judges and the Centre County District Attorney’s Office. On the other side, a common
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Pair of Centre County judges seeks to destroy cellphone evidence
April 13, 2015
TribLive By Adam Brandolph Two Centre County judges whose cellphone records showed they exchanged text messages with prosecutors trying cases before them want the evidence destroyed, claiming it will ruin their public images. Meanwhile, the lawyers who obtained the cellphone records say they received the information properly and plan to use it to show “a grave appearance of bias” and attempt to have their clients’ convictions overturned. The situation unfolding
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Police discuss camera technology effects on Midstate
April 8, 2015
The Sentinel By Amanda St. Hilare Thanks to cellphones and technology improvements, recording video is easier than ever — and local police say it’s having a big impact on how they do their jobs. “I’m certainly not suggesting that we all be our brothers keepers and shove cellphones in everyone’s face in the middle of the day,” attorney Justin McShane said. “But I will tell you that in my car
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Police discuss camera technology effects on Midstate
April 8, 2015
ABC27News By Amanda St. Hilare Thanks to cell phones and technology improvements, recording video is easier than ever – and local police say it’s having a big impact on how they do their jobs. “I’m certainly not suggesting that we all be our brothers keepers and shove cell phones in everyone’s face in the middle of the day,” attorney Justin McShane said. “But I will tell you that in my
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Attorney Asks to Be Dismissed from Judge’s Lawsuit Against Centre County
April 7, 2015
StateCollege.com By Michael Martin Garrett The various parties involved in the mess of interlocking lawsuits against the Centre County government continue to trade blows in new court filings. In the latest round of this ongoing legal brawl, a Harrisburg attorney is firing back at Centre County Common Pleas Judge Jonathan Grine – claiming that he and his law firm shouldn’t even be party to the lawsuit in the first place. Appeals
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Attorney Asks to Be Removed from Judge’s Lawsuit Against Centre County
April 7, 2015
StateCollege.Com by Michael Martin Garrett The various parties involved in the mess of interlocking lawsuits against the Centre County government continue to trade blows in new court filings. In the latest round of this ongoing legal brawl, a Harrisburg attorney is firing back at Centre County Common Pleas Judge Jonathan Grine – claiming that he and his law firm shouldn’t even be party to the lawsuit in the first place.
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Records from Right-to-Know requests are at issue in Centre County judicial lawsuits
April 2, 2015
CentreDailyTimes By Clayton Over BELLEFONTE — The Thursday hearing on lawsuits filed by two judges against Centre County essentially boiled down to two questions: whether phone records of county judges are in fact financial records and whether the county legally released those records in response to Right-to-Know requests. After hearing testimony and what he called “very strong arguments” all day, Huntingdon County Senior Judge Stewart L. Kurtz did not rule
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Judge Hears Right to Know Case Arguments
April 2, 2015
WeAreCentralPA By Mallory Lane BELLEFONTE, CENTRE COUNTY – It’s the first time some Centre County judges, the county administrator, the district attorney and other elected officials are squaring off in court.A hearing on lawsuits filed by Magisterial District Judge Kelly Gillette Walker and Court of Common Pleas Judge Johnathan Grine was held Thursday in Centre County Court. The two judges are arguing that the county and some local attorneys violated
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Stage is Set for Courtroom Showdown With Centre County Officials Fighting Each Other
April 2, 2015
StateCollege.Com by Michael Martin Garrett The Centre County government and judicial systems have been plagued by conflict for months, but a court hearing on Thursday morning will be the first face-to-face confrontation to come out of the various legal battles that are pitting county officials against each other. Thursday’s hearing will deal with two separate but interrelated lawsuits filed by two judges against the Centre County government. Common Pleas Judge
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Harrisburg asks higher court to review judge’s ruling that struck down three of its gun ordinances
March 31, 2015
The fight over Harrisburg’s gun ordinances continues to play out in court as the city files a notice to appeal a ruling last month that temporarily struck down three of the city’s five gun ordinances. The two ordinances that remain standing are the ones most important to public safety, city officials have said. The ruling stemmed from one of two lawsuits faced by the city over the validity of its
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Judge Suspends City Gun Laws
February 26, 2015
TheBurgNews By Paul Barker and Lawrance Binda A Dauphin County judge has ordered Harrisburg to stop enforcing three of its gun-control ordinances, while leaving two others in force. Judge Andrew H. Dowling, in a 12-page opinion Wednesday morning, found that the three ordinances—prohibiting gun possession in a park, by a minor and in a mayor-declared state of emergency—violate the state’s Uniform Firearms Act, which preempts certain local government ordinances regulating
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Judge strikes down three gun restrictions in Harrisburg
February 26, 2015
(Harrisburg) — A Dauphin County judge has issued a preliminary ruling that three of Harrisburg’s restrictions on guns are unlawful, in the first major court decision since a state law went into effect earlier this year. Judge Andrew Dowling says the city’s ordinances regulating gun possession in parks, transferring weapons during a declared emergency, and gun possession by minors are more strict than state law and should not be enforced. The
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Judge strikes down three gun laws in Harrisburg
February 26, 2015
Today, Judge Dowling issued an opinion ultimately granting U.S. Law Shield’s Motion for Preliminary Injunction with respect to three of the five contested Harrisburg gun ordinances. The Court additionally declined to stay the proceedings, which means the litigation will continue. Attorney Justin McShane and Mike G of The McShane Firm are representing U.S. Law Shield in this case. Read more
Judge grants halt on three of Harrisburg’s five gun ordinances
February 25, 2015
WGAL HARRISBURG, Pa. —A Dauphin County judge has ruled both in favor and against the city’s gun laws. VIDEO: Watch Jim Sinkovitz’s report Judge Andrew Dowling struck down three of Harrisburg city’s five gun ordinances, granting a temporary halt to city ordinances that prohibit the possession of guns in city parks and during a state of emergency and the possession of guns by unaccompanied minors. Dowling said these ordinances unlawfully
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Harrisburg mayor considers ruling in gun lawsuit a ‘split opinion’
February 25, 2015
PennLive By Christine Vendel HARRISBURG – Harrisburg city officials are weighing their options after a judge struck down three of their gun ordinances as illegal under the state’s Uniform Firearms Act. Mayor Eric Papenfuse said they have not decided whether to appeal the ruling of Dauphin County Andrew H. Dowling, who issued a preliminary injunction Wednesday preventing the city from enforcing gun ordinances that forbid the carrying of guns: in city parks,
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Judge blocks 3 of Harrisburg’s gun laws; mayor calls it “incomprehensible”
February 25, 2015
Fox43 By Katie Kyros A Dauphin County judge blocked the city of Harrisburg from enforcing some of its gun laws Wednesday. The city is in the midst of a legal battle with the gun owners’ group, U.S. Law Shield. U.S. Law Shield is suing the city because the group says its gun laws illegal, based on the state’s Uniform Firearms Act, which says only the state can legislate gun ownership.
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Judge grants injunction against Harrisburg gun ordinances
February 25, 2015
Fox43 By Paul Smith Judge Andrew Dowling issued a preliminary injunction against three of the five gun ordinances at the center of a lawsuit brought by gun-rights group U.S. Law Shield. The lawsuit argues that they city’s gun ordinances are illegal because they are more stringent than state law.The group says the city’s gun ordinances infringe on the rights of gun owners who aren’t doing anything wrong. Judge Dowling’s ruling
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Judge blocks Harrisburg from enforcing 3 gun laws
February 25, 2015
ABC27News By Myles Snyder HARRISBURG, Pa. (WHTM) – A Dauphin County judge has granted a preliminary injunction to stop the City of Harrisburg from enforcing three of its local gun laws. Judge Andrew Dowling ruled the ordinances violate Pennsylvania’s Uniform Firearms Act, which prohibits municipalities from regulating gun ownership and possession. Dowling blocked Harrisburg from enforcing laws that ban the possession of guns in city parks, prohibit minors from carrying guns
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Dauphin County judge strikes down three of Harrisburg’s gun ordinances
February 25, 2015
PennLive By Christine Vendel A Dauphin County Judge on Wednesday struck down three of Harrisburg’s five gun ordinances, concluding they are illegal under Pennsylvania law. Judge Andrew H. Dowling granted a preliminary injunction for the ordinances that prohibit possession of guns: in parks, during a state of emergency and by unaccompanied minors. The ordinances are unenforceable, starting Wednesday. Dowling also ruled preliminarily that the city’s ordinances prohibiting discharge of guns
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Hundreds Gather in VT. to Protest Gun-Control Bill
February 13, 2015
NRA News Attorney Mike Giaramita is member of The McShane Firm. He talks about the lawsuit that the firm has filed against Harrisburg, Pennsylvania. The city has not changed its local gun ordinances that are in violation of the state’s newly invigorated firearms preemption law. He notes that state preemption has been on the books since the 1970s, but cities and towns in the state have largely ignored it, until
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When it comes to guns, it’s time for Papenfuse and City Council to follow the law: Justin J. McShane
February 12, 2015
PennLive By Justin J. McShane Early last month, US Law Shield of Pennsylvania and I sued the city of Harrisburg over its illegal gun ordinances. Since 1974, our legislature has wisely made it illegal for municipalities to regulate in any manner the ownership, possession, transfer or transportation of firearms, ammunition or ammunition components. Last week, before Judge Andrew H. Dowling of the Dauphin County Court of Common Pleas, Harrisburg Mayor Eric
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Outdoor Show opens in Harrisburg; Gun ordinances a focus for many
February 9, 2015
Feb 8, 2015 Fox43.com The Great American Outdoor Show kicked off this weekend in Harrisburg. “I like the old bolt action, single shots and that sort of thing,” said Derle Snyder, a gun owner from Harrisburg. And it’s good for local businesses like Staudt’s Gun Shop. “There were a lot of people at our store that were at the gun show earlier and they came out to purchase guns or
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Local attorneys, Harrisburg set to face off in court over gun ordinances
February 9, 2015
Feb 6, 2015 Karissa Shatzer ABC27News HARRISBURG, Pa. (WHTM) – Some local attorneys are getting ready to go to court Friday. In their crosshairs: Harrisburg’s firearms ordinances. Lawyers representing the national gun owners group U.S. Law Shield filed a lawsuit against Harrisburg because the city refused to repeal its gun laws. They said the ordinances are illegal under Pennsylvania law and gun owners are at risk of being prosecuted. “The state law
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City of Harrisburg defends against attempt to suspend city’s gun laws
February 9, 2015
Feb 6, 2015 Jim Sinkovitz WGAL News 8 HARRISBURG, Pa. —The city of Harrisburg will be in court this week trying to defend against an attempt to suspend the city’s gun laws. Attorneys for U.S. Law Shield will be in Dauphin County court Friday. They were the first organization to file suit against Harrisburg and will be asking a judge for a preliminary injunction to suspend Harrisburg’s gun laws. City
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Pennsylvania Law Allows NRA To Sue Cities Over Gun Rules
February 9, 2015
Feb 6, 2015 WRVO Public Media A new Pennsylvania law allows membership groups like the National Rifle Association to sue municipalities over local gun ordinances. Kate Lao Shaffner reports the NRA has already filed suit against three Pennsylvania cities claiming their gun laws are illegal. KATE LAO SHAFFNER, BYLINE: Pittsburgh Mayor Bill Peduto says the city consulted legal experts before passing its 2008 lost or stolen gun ordinance – one
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Attorneys suing over Harrisburg gun laws offer ‘no legal fee’ deal
February 9, 2015
Feb 6, 2015 Alexandria Hoff ABC27.com Harrisburg is one of dozens of municipalities across the state that have been sued for their local gun ordnances. While some cities have decided to drop their local laws in order to avoid a legal battle, Harrisburg has remained in the fight. Now, the attorney’s for the group that filed suit have put an offer on the table. Justin McShane, an attorney representing ‘U.S.
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Attorneys offer deal regarding Harrisburg gun laws
February 9, 2015
Feb 6, 2015 Melanie Orlins Fox43.com A new offer is on the table for the city of Harrisburg. The gun rights group suing the city over its gun laws says it would not make the city pay its legal fees if it rescinds those laws now. But the city plans to fight this in court. Mayor Eric Papenfuse says these laws are helping protect people in the city. But gun
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Cities repealing overreaching gun laws across Pennsylvania
February 9, 2015
Feb 6, 2015 by Chris Eger Guns.com Doylestown, Bethlehem, Allentown and Liberty, includes the list of dozens of cities across the Keystone State that are in the process of scrapping illegal laws to comply with an National Rifle Association-backed preemption measure. The municipalities are scrambling due to Act 192,signed into law last year by Gov. Tom Corbett (R). As outlined in the language of the law, member groups such as
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Judge weighing legal battle over Harrisburg’s gun laws
February 7, 2015
Feb 6, 2015. PennLive.com HARRISBURG – A Dauphin County judge will decide who will win and who will lose the first round in the much-publicized fight over Harrisburg’s gun laws. How Judge Andrew H. Dowling will rule has yet to be seen. What is certain is that the rhetoric surrounding the battle shows no signs of abating. That was evident immediately after a 90-minute court hearing Dowling held Friday on
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Harrisburg responds to gun law challenge; court hearing Friday
February 7, 2015
Feb 6, 2015. LancastorOnline By DAN NEPHIN | Staff Writer The city of Harrisburg has responded to a lawsuit challenging its gun ordinances and attorneys for the city were expected to be in court Friday. PennLive has the story here. Here’s the gist: Attorneys for the city contend the gun rights group that’s suing over its ordinance can’t show that the ordinance restricts gun ownership. Meanwhile, The McShane Law Firm plans
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Harrisburg goes to court over gun ordinances
February 7, 2015
Feb 6, 2015. Local21news.com HARRISBURG, Pa.– Harrisburg officials are speaking out for the first time about a gun lawsuit in the Capitol City. Both sides went before a judge to plead their case today. The Dauphin County Courthouse is where city leaders and the lawyer for U.S. Law Shield met Friday morning for the first time. They presented their cases in court over the gun ordinance lawsuit filed last month.
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Harrisburg goes to court over gun ordinances
February 7, 2015
Feb 6, 2015. Fox43.com The city of Harrisburg was in court today defending its gun laws. It’s one of the many cities in the state being sued by a gun rights group. The group, U.S. Law Shield is arguing that they city’s gun ordinances break state law and infringe on the rights of gun owners who aren’t doing anything wrong. Both sides were in court earlier Friday for a preliminary
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Local attorneys, Harrisburg set to face off in court over gun ordinances
February 7, 2015
Feb 6, 2015. ABCNEWS27.com HARRISBURG, Pa. (WHTM) – Some local attorneys are getting ready to go to court Friday. In their crosshairs: Harrisburg’s firearms ordinances. Lawyers representing the national gun owners group U.S. Law Shield filed a lawsuit against Harrisburg because the city refused to repeal its gun laws. They said the ordinances are illegal under Pennsylvania law and gun owners are at risk of being prosecuted. “The state law
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Fire Science Advances Free Man after 35 Years in Prison
January 27, 2015
ForensicMag By Debbie Truong A day after an East Shore man was freed from prison after serving nearly 36 years for a fatal fire in Susquehanna Township, the attorneys who helped secure James Hugney’s release heralded it as a triumph for justice. “This is a great day for James Hugney, a great day for justice, and a great day for science,” said Justin McShane, of The McShane Firm, in a news release. “While no
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Man Freed from Prison in 1979 Murder, Arson Case
January 26, 2015
Explore Clarion By Jake Bauer HARRISBURG, Pa. – In July 1979, James Hugney, Sr. was convicted after a jury trial in Susquehanna Township, Dauphin County, of a notorious arson-murder then called by the media “the Burning Bed Case.” (Pictured above: James Hugney Sr.) The case was called the “Burning Bed” because the prosecution’s theory of the case was that Hugney, in a fit of anger, set his house on fire by
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Innocence proven after more than 30 years in prison
January 26, 2015
SOL Joana Marques Alves A man was released from prison, after having been imprisoned for 38 years for a crime he did not commit, reports the Washington Post. Joseph Sledge, now 70, was acquitted after a DNA test has shown that none of the organic compounds collected at the scene belonged to him.The man had been convicted of stabbing to death two women – mother and daughter. A Public Prosecutor –
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Man Freed From Prison in 1979 Murder, Arson Case
January 26, 2015
ExploreVenango Jake Bauer HARRISBURG, Pa. – In July 1979, James Hugney Sr. was convicted after a jury trial in Susquehanna Township, Dauphin County of a notorious arson-murder then called by the media “the Burning Bed Case.” The case was called the “Burning Bed” because the prosecution’s theory of the case was that Hugney in a fit of anger set his house on fire by pouring flammable liquid around the bed of
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Free after 35 years
January 26, 2015
Local 21 News By Donna Kirker Morgan HARRISBURG– A Susquehanna Township man was released from prison tonight after it was shown that bad science was used to put him behind bars 35 years ago. James Hugney Sr. was convicted in 1979 of setting his home on fire, a fire that cost his 16-year-old son’s life. Hugney walked out of the Rockview Prison Friday to hugs and kisses from family who
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This week in innocence: Joseph Sledge and James Hugney Sr.
January 26, 2015
The Washington Post By Radley Balko Two more men were exonerated last week, long after they’d been convicted of serious crimes. Between them, they served about 75 years in prison. First up is Joseph Sledge in North Carolina. A 70-year-old man wrongly convicted of the 1976 stabbing deaths of a mother and daughter walked out of prison Friday, saying he was looking forward to sleeping in a real bed and maybe
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Free After 35 Years in Jail
January 25, 2015
We Are Central PA By Ben Manning DAUPHIN COUNTY – A Dauphin County man is free after spending 35 years in jail. James Hugney Sr. was convicted of setting his own home on fire. His son died in that fire. Recent scientific tests that weren’t around when Hugney was convicted showed some doubt on whether the fire was arson, so after more than three decades behind bars Hugney was released Saturday
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Attorney for man freed after nearly 36 years in prison thankful ‘criminal justice system worked’
January 24, 2015
PennLive.com By Debbie Truon A day after an East Shore man was freed from prison after serving nearly 36 years for a fatal fire in Susquehanna Township, the attorneys who helped secure James Hugney’s release heralded it as a triumph for justice. “This is a great day for James Hugney, a great day for justice, and a great day for science,” said Justin McShane, of The McShane Firm, in a news release. “While
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Attorney explains how science led to man’s release from prison
January 24, 2015
ABC27 News By Kendra Nichols James Hugney, 72, was released from the State Correctional Institution at Rockville after nearly 36 years behind bars for a crime he says he did not commit. The next morning, at his attorney’s office in Harrisburg, he talked about his first night as a free man. “I did not get much sleep,” Hugney said. “I did a whole lot of praying that I did not
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Man released from prison in ’79 murder, arson case
January 24, 2015
ABC27 News HARRISBURG, Pa. (WHTM) – A central Pennsylvania man who spent nearly 36 years in prison for the murder of his 16-year-old son has been released from prison. James Hugney Sr., 72, walked out of the State Correctional Institution at Rockview on Friday after he entered an Alford plea to third-degree murder and arson and was re-sentenced to time served. An Alford plea is a guilty plea where a
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New developments in arson science helps free man
January 23, 2015
SmithForensic James Hugney Sr. New developments in arson science that have led to challenges to numerous arson and murder convictions across the USA free James Hugney Sr. after spending 37 years behind bars. (This is the case taken on by defence lawyer Justin McShane, author of the phenomenal Blog “The Truth About Forensic Science,” which I have often referred to on this site.) STORY: “Deal frees East Shore man from
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Attorney: New evidence frees man in Dauphin County ’79 murder, arson case
January 23, 2015
CumberLink HARRISBURG — A man who spent nearly 36 years in prison for the murder of his 16-year-old son has been freed from prison, according to his attorney, who said the evidence used to convict him relied on outdated science. James Hugney Sr., 72, was to be released from the State Correctional Institution at Rockview Friday afternoon. He was sentenced to life in prison for second-degree murder and a consecutive
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Deal frees East Shore man from life prison sentence for fatal 1978 fire
January 23, 2015
PennLive By Matt Miller An East Shore man who served 37 years behind bars for a fatal 1978 fire in Susquehanna Township was freed from state prison Friday after striking a plea deal with Dauphin County prosecutors. James Hugney Sr., now 72, was convicted of second-degree murder and arson and sentenced to life in prison for the fire death of his 16-year-old son. Hugney’s release resulted from his latest appeal,
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Man convicted in 1978 arson and murder released from jail
January 23, 2015
Local 21 News By Marc Stempka HARRISBURG, Pa. — A man who spent nearly 36 years in prison has been released after having the science that put him behind bars in the murder of his son in a 1978 Dauphin County arson case debunked. According to a release from The McShane Firm, James Hugney, Sr. was released from prison Friday after spending 35 years, 11 months and eight days in
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Man freed after 35 years in prison for crime he did not commit
January 23, 2015
Fox43 By Howard Sheppard BELLFONTE, PA (WPMT) In July 1979, James Hugney Sr. was convicted after a jury trial in Susquehanna Township, Dauphin County of a notorious arson-murder then called by the media “the Burning Bed Case.” The case was called the “Burning Bed” because the prosecution’s theory of the case was that Hugney in a fit of anger set his house on fire by pouring flammable liquid around the
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Justices Rule Forfeiture Cases Should Follow Civil Rules
December 2, 2014
Lizzy McLellan | The Legal Intelligencer Pennsylvania’s highest court has filled in the blanks on how to approach issues in forfeiture cases that are not addressed by the Controlled Substances Forfeiture Act. In a unanimous opinion issued Nov. 19 in /Commonwealth v. All That Certain Lot/, the state Supreme Court said the entry of summary judgment pursuant to the Rules of Civil Procedure did not conflict with the Forfeiture Act.
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Hard questions after litany of forensic failures at US labs
December 1, 2014
Rebecca Trager At least five high profile cases of serious malpractice at US forensic crime labs have come to light in the last two years, most resulting in the arrest of chemists working there. These scandals have called into question key evidence used in criminal cases, and have resulted in hundreds convictions being overturned. And this malpractice had led critics to ask a bigger question. Is something rotten at the
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Jury finds Jacobus man not guilty of most serious charges in alleged assault
September 27, 2014
Maryland resident tells York jury he beat her when she tried to leave www.ydr.com – A Jacobus man was found not guilty of the most serious charges he faced, including aggravated assault, a felony, in connection with an alleged assault on a Maryland woman he met through Match.com. Bruce Kevin Davies, 47, of the first block of Greenbriar Drive, was found guilty of simple assault and recklessly endangering another person. Both
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Wife of convicted Newville child molester testifies
December 18, 2013
www.pennlive.com:CARLISLE — Mildred Brown told a Cumberland County jury that she had no idea her husband molested children for several years in her home. While some of the signs are obvious after the fact, Brown testified Tuesday that she was naïve to this while it was going on. Brown, 72, of Newville, is on trial in Cumberland County Court, facing four counts of endangering the welfare of children. Her husband,
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Closing arguments made in case of wife of child molester
December 4, 2013
www.pennlive.com:CARLISLE — A Cumberland County jury went into deliberations Wednesday, the third day of trial for Mildred M. Brown, 72, of Newville. Brown faces four counts of recklessly endangering another person. The prosecution argued that she knew her husband, Robert Brown, also 72, repeatedly molested four children at their house, and she failed to stop the abuse or report it. Robert Brown was convicted last year, and sentenced in April
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Trial begins for 72-year-old Newville woman accused of not preventing repeated sexual abuse
December 2, 2013
www.pennlive.com: CARLISLE — The prosecution said Mildred Brown knew about the sexual assaults her husband was committing in their house, but she did nothing to stop the situation or report it to the authorities. But her attorney argued before a Cumberland County jury Monday that Brown was unaware of the abuse, and the prosecution will be unable to prove that she had any knowledge of it. Trial started Monday for
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Eichenlaub asks judge to throw out conviction
June 13, 2013
Ex-APD officer says he didn’t intend to harm Eshel www.altoonamirror.com The defense said that former Altoona police officer Duane “D.J.” Eichenlaub, 30, did not act with intent to harm an older man during a 2010 bar brawl and has asked a Blair County judge to toss out his conviction for aggravated assault. Eichenlaub is due to report Friday to the Blair County Prison to begin serving an 11- to 23-month
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Former Dillsburg-area golf club manager now in prison for embezzing $52K
April 29, 2013
www.ydr.com – A former Dillsburg-area golf course manager must spend nearly a year in county prison and pay restitution for embezzling more than $50,000 his former employer, ostensibly to pay his daughter’s heroin dealer. Daryl Kiel Dissinger, 48, of 7520 Manor Drive in Harrisburg, pleaded guilty March 18 to one count of theft by deception, a third-degree felony. On Monday, Common Pleas Judge Michael E. Bortner sentenced Dissinger to 11-1/2
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County DUI cases on hold
April 18, 2013
http://citizensvoice.com – Scores of drunken driving cases in Luzerne County are in limbo as prosecutors await a state court ruling about the admissibility of Breathalyzer results. With the alcohol testing method being questioned, the county’s central processing center to administer official breath tests has been shuttered and police can now only take suspects for blood-alcohol testing. Luzerne County prosecutors and the public defender’s office have agreed to place many driving under the
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Attorney: DUI blood testing inaccurate for months
April 13, 2013
www.abc27.com – Harrisburg attorney Justin McShane has long questioned the accuracy of DUI breath testing in Pennsylvania, and now he says the blood testing system used by state police in Harrisburg was not accurate for several months. McShane says the pipettes that gather and dispense the blood sample and solution for testing are required to be calibrated yearly. McShane said calibration log sheets he obtained show that three pipettes used
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Charges Dropped Against Harrisburg Man Accused of Assaulting City Cop
March 20, 2013
www.pennlive.com – After DNA testing and repeated claims of innocence, charges have been dropped against a Harrisburg man who was accused of assaulting a city police officer. Even though he is now free of the charges, T.G., 19, spent nearly nine months behind bars after being wrongfully accused, his lawyer Shawn Dorward noted Wednesday. “All that time he lost,” Dorward said. T.G. was arrested after a Jan. 28, 2012, incident in the 2300
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Repeat drunken driver guilty of murder for Hellam Twp. crash that killed motorcyclist
March 12, 2013
www.yorkdispatch.com – A Red Lion-area man with four DUIs under his belt has been convicted a fifth time — this time for drunken driving and murder. Travis Wagner Fowler was drunk when he fatally struck motorcyclist Nelson E. Newcomer, 56, of Millersville, Lancaster County. Common Pleas Judge Richard K. Renn on Thursday found Fowler guilty of third-degree murder, homicide by vehicle while DUI, causing a fatal crash, DUI, driving without a
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Pennsylvania State Police Decide to Halt the Use of Breath Testing for DUI
February 13, 2013
news.yahoo.com – Move comes after ruling in Commonwealth v. Schildt Called Breath Testing Evidence into Question. Harrisburg, Pennsylvania (PRWEB) January 17, 2013 In a major development, First Assistant District Attorney Francis T. Chardo of Dauphin County has stated that Pennsylvania State Police will stop using breath testing across the state in favor of blood according to Law Weekly. This comes after Dauphin County Court of Common Pleas Judge Lawrence F. Clark Jr. ruled against breath test evidence in Commonwealth v. Schildt (Court of Common Pleas,
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Judges in Lebanon County Rule Blood Tests There to be Inadmissible
February 8, 2013
news.yahoo.com – The ruling made by all of the judges of the Court of Common Pleas in Lebanon County on February 1, 2013 stems from Good Samaritan Hospital not adhering to the manufacturer’s prescribed instructions for the blood testing equipment they use. The McShane Firm, LLC acted as the defense counsel for two of the cases included in this ruling. Lebanon, PA (PRWEB) February 08, 2013 A ruling made by all of the judges of the Court of Common
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Lebanon County judges issue new BAC guidelines, criticize GSH
February 7, 2013
www.ldnews.com – In an attempt to clear up confusion regarding blood-alcohol content testing conducted at Good Samaritan Hospital, Lebanon County’s four judges have issued a ruling that provides guidelines for the hospital and prosecutors. The order, dated Feb. 1, reviews “the tortuous evolution of the law pertaining to BAC testing in Lebanon County” and is a response to a request for a hearing by the Lebanon County District Attorney’s office on eight
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Lebanon judges call DUI testing into question
February 7, 2013
www.fox43.com – Lebanon County’s judges issued a ruling last week calling into question blood testing in DUI cases, leading defense attorneys to seek to get many cases thrown out. The ruling stems from a request by the county district attorney’s office to attempt to try eight DUI cases together and cites a long-standing concern with how Good Samaritan Hospital tested for alcohol in defendants’ blood. “BAC testing has been a problem
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Local attorney claims hospital mishandled DUI blood tests, files to have hundreds of cases thrown out
February 7, 2013
www.whptv.com– A Susquehanna Valley Attorney wants hundreds of DUI cases tossed out, claiming a local hospital mishandled the blood tests. And a court ruled Good Samaritan was not following the operating instructions for the hospital’s blood testing machine.Attorney Justin McShane, Chairman and CEO of McShane Law Firm says this has been a problem at Good Samaritan Hospital for years, but the problem never came to light until four judges ruled that the strict rules
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DUI test accuracy questioned in Lebanon County
February 7, 2013
LEBANON, Pa. (WHTM) – wwwabc27.com – Lebanon County’s four judges in the Court of Common Pleas have all signed an order that forbids prosecutors from admitting as evidence DUI blood tests that were conducted on certain machines at Good Samaritan Hospital. The order came after a challenge from Harrisburg attorney Justin McShane, who said the DUI blood testing procedure used at the hospital is leading to inaccurate results. McShane said
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Court ruling could void more than 1,000 Lebanon County drunken driving cases, lawyer contends
February 6, 2013
http://www.pennlive.com – With evident frustration, Lebanon County’s judges have issued a decision that a defense expert says could result in the dismissal of hundreds, and perhaps more than 1,000, drunken driving cases in the county. District Attorney David Arnold said today that he is sure the decision won’t hinder the prosecution of DUI cases or lead to any mass dismissals, however. The judges’ ruling calls into question the accuracy of blood
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Allegheny County DA discourages using breath testing for DUI arrests
February 5, 2013
www.post-gazette.com -Pulled over after downing that last beer or six? Forget blowing into a tube. For the drunkest drivers in Allegheny County, it’s going to be blood test or bust. Prompted by a recent court ruling that questioned the reliability of breath-testing devices, Allegheny County District Attorney Stephen A. Zappala Jr. is telling police chiefs temporarily to consider using only blood tests on two categories of suspected drunken drivers —
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Battle over use of breathalyzers in DUI cases moves to state court
February 4, 2013
Pennlive.com – In something of a gamble, the Dauphin County district attorney’s office is asking the state Superior Court to overturn a county judge’s ruling that severely crimps the use of breathalyzers in drunken driving prosecutions. Judge Lawrence F. Clark Jr. ruled late last month that breathalyzers, which police throughout Dauphin County use to build DUI cases, aren’t accurate beyond a blood-alcohol reading of 0.15 percent. That means they can’t be
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DA appeals breath test motion as police react statewide
February 1, 2013
ABC27.Com – Earlier this month, defense attorney Justin McShane filed a motion to dismiss all current breath tests statewide. Since then, five counties in the state, as well as Pennsylvania State Police, are changing their policies. Spokesman for the Pennsylvania State Police, Trooper Adam Reed, said they changed their policy on January 9 to prevent risking future convictions. McShane says eliminating the breath tests, which he says are outdated and
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Pa. State Police Stop Breathalyzer Tests, for Now
January 30, 2013
Troopers will use blood tests instead when they pull over suspected DUI drivers http://www.nbcphiladelphia.com – Anyone pulled over by a Pennsylvania State Trooper for suspected DUI won’t be subjected to a Breathalyzer test — at least for now. The Pennsylvania State Police temporarily suspended using Breathalyzer tests when they pull over suspected DUI drivers on roadways they cover like I-95 and the Schuylkill Expressway. The decision came after a ruling closer to
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Dauphin County will discontinue breath testing in DUI cases
January 17, 2013
ABC27-WHTM – The in-house breathalyzer machine that came into question last month in Dauphin County may never be used again. District Attorney Ed Marsico has discontinued the use of all breath testing machines that are used in police stations. This comes after Judge Lawrence Clark ruled the machines are not reliable. Marsico is requesting that police in the county use blood testing for all DUI cases. He says the tests could
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DUI suspects in Dauphin Co. now have to undergo blood tests
January 16, 2013
ABC27-WHTM – Anyone who fails a preliminary breathalyzer test for driving under the influence in Dauphin County is now required to submit to a blood test, according to a memo sent out by Dauphin County District Attorney. Ed Marsico’s decision came on January 4 after a Dauphin County judge ruled on December 31 that the breath testing machines used in police stations in Pennsylvania are not scientifically accurate. Marsico said
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DUI suspects in Dauphin Co. now have to undergo blood tests
January 16, 2013
ABC27-WHTM – Anyone who fails a preliminary breathalyzer test for driving under the influence in Dauphin County is now required to submit to a blood test, according to a memo sent out by Dauphin County District Attorney. Ed Marsico’s decision came on January 4 after a Dauphin County judge ruled on December 31 that the breath testing machines used in police stations in Pennsylvania are not scientifically accurate. Marsico said
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Breath-Test Ruling Could Affect Thousands of DUI Cases
January 15, 2013
www.law.com – A recent Dauphin County trial court decision that calls into question the accuracy of evidential breath alcohol testing could potentially impact thousands of pending DUI cases across Pennsylvania, despite the fact that many counties now use blood testing, attorneys said. In fact, the case has already had a statewide impact: Dauphin County Assistant District Attorney Francis T. Chardo told the Law Weekly last Wednesday that he has met with members of the
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Dauphin County judge’s ruling on breathalyzer challenge could void thousands of DUI prosecutions
January 10, 2013
www.penlive.com-A Dauphin County judge’s ruling has the potential to derail thousands of drunken driving prosecutions and convictions, not only locally but across Pennsylvania. Judge Lawrence F. Clark Jr. concluded that breathlyzer machines used by law enforcement to gauge the intoxication level of drivers cannot be considered accurate beyond a blood-alcohol reading of 0.15 percent. That means those devices can’t be used to determine if someone is so intoxicated that he
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DUI cases in Pennsylvania may soon be under the microscope
January 8, 2013
ABC27 – Last week, Dauphin County Judge Lawrence Clark ruled that the breath testing machines used in police stations in Pennsylvania are not scientifically accurate. Attorney Justin McShane, who first asked for all cases in Dauphin County to be reopened, filed a motion to dismiss all current breath tests in the state, and he wants to reopen all convictions that have occurred in the past year and 90 days. McShane
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Pennsylvania: Judge Throws Out Breath Machine Evidence
January 8, 2013
www.thenewspaper.com -A judge in Dauphin County, Pennsylvania last week delivered a bombshell decision finding evidence provided by breath machines to be inaccurate outside a narrow range. After hearing extensive testimony from expert witnesses, the Court of Common Pleas judge found it was not appropriate for charges of “high rate” driving under the influence of alcohol (DUI) be established by providing a printout from a machine displaying a high number. “The
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Pa. Lawyer Wants To Do Away With Breathalyzers
January 8, 2013
CBSLOCAL – DAUPHIN COUNTY, Pa. (KDKA) — A Pennsylvania lawyer has filed a request to throw out breath testing for alcohol in the state, just a week after a judge ruled the tests aren’t accurate for analyzing alcohol in the blood. With five DUI Task Forces and the City of Pittsburgh, Allegheny County accounts for the largest number of DUI cases in the state and a big chunk of the
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Lawyer seeks to have DUI breath tests halted in Pennsylvania
January 8, 2013
Tribelive-A Dauphin County lawyer filed a request on Monday to throw out breath testing for alcohol in Pennsylvania, a week after a judge ruled breath testers aren‘t accurate for analyzing alcohol in the blood. Attorney Justin McShane said he filed his request in Dauphin County Common Pleas Court but expects the judge to allow the case to move to state Superior Court, where it could have statewide implications. “I‘m not
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Lawyer seeks to have DUI breath tests halted in Pa.
January 8, 2013
WPXI – A Dauphin County lawyer filed a request on Monday to throw out breath testing for alcohol in Pennsylvania, a week after a judge ruled breath testers aren‘t accurate for analyzing alcohol in the blood. Attorney Justin McShane said he filed his request in Dauphin County Common Pleas Court, but expects the judge to allow the case to move to state Superior Court, where it could have statewide implications.
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Ban on breath tests sought for DUI suspects
January 7, 2013
THE Morning Call – Bad science convinced a Dauphin County judge to throw out breath test results in nearly two dozen drunken driving cases last month. Now the attorney who discovered problems with the way breath alcohol testing machines in Pennsylvania are calibrated has asked the court to trigger a statewide ban on breath tests for DUI suspects. The case has attracted the attention of criminal defense attorneys who say the penalties
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DUI Testing Concerns
January 3, 2013
Wearecentralpa.com-ALTOONA, BLAIR COUNTY – A decision handed down by a Judge in Harrisburg could change the way some driving under the influence cases are handled across Pennsylvania. On Monday, a Dauphin County Judge ruled that there is a problem with the calibration of some breathalyzers. The Judge ruled that some of the machines used to measure a driver’s sobriety cannot be considered accurate for blood alcohol content readings both well
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PA Judge: DUI Breathlyzers Not Accurate, Previous Convictions could be Tossed
January 3, 2013
SouthWhitehallPatch-A Dauphin County judge’s ruling has the potential to affect thousands of DUI prosecutions across the state, but South Whitehall Police do not use the Breathalyzers in question. According to a story in the Patriot News a Dauphin County judge’s ruling has the “potential to derail thousands of drunken driving prosecutions and convictions” across Pennsylvania. “Judge Lawrence F. Clark Jr. concluded that Breathalyzer machines used by law enforcement to gauge the intoxication level
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Court ruling calls into question DUI cases
January 3, 2013
ABC27-Dauphin County Judge Lawrence Clark has ruled that current calibration methods for breath testing machines in Pennsylvania do not allow for accurate measurements of samples outside the range of 0.05 to 0.15 percent. The ruling came in late December during the case of Commonwealth v. Schildt. Attorney Justin McShane introduced expert testimony that supported the claim that tests results that fall outside the range lack scientific backing.Clark’s decision could open the
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DUI appeals could jam Pennsylvania courts
January 3, 2013
TribeLive-A Dauphin County judge‘s decision questioning the accuracy of widely used devices to measure blood-alcohol levels could bring scrutiny to thousands of drunken-driving convictions, lawyers said Wednesday. Dauphin County Judge Lawrence F. Clark Jr. ruled on Monday that machines, such as Breathalyzers and Intoxilyzers, used to measure a driver‘s sobriety can‘t be considered accurate for blood-alcohol contents readings between zero and 0.05 percent and beyond 0.15 percent. The legal limit
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Ruling on Breathalyzer Challenge in Dauphin County Could Change DUI Convictions
January 2, 2013
Fox43-A Dauphin County judge makes a ruling on a breathalyzer challenge that could affect thousands of DUI convictions . The judge, ruling that breathalyzer machines used by law enforcement at police stations cannot be considered accurate beyond a blood alcohol reading of .15. The ruling stemming from a DUI case, where the attorney challenged the breathalyzers accuracy . Dauphin County District Attorney Ed Marsico says his office will appeal the ruling. “
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Attorney McShane Hosts Seminar on The Innocence Project at the ACS
August 27, 2012
Attorney Justin McShane recently hosted a seminar at the 244th National Meeting & Exposition of the American Chemical Society (ACS) entitled: Forensic Science, Chemistry and the Law Presents: Innocence! The event was well received by the attendees, press, and most importantly both the scientific and legal communities. Here is the press conference for the event: and another video by the ACS: Here are some other notable responses to the event:
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New products in works to replace banned bath salts, synthetic pot, salvia
August 22, 2011
When horror stories about bath salts and synthetic marijuana began circulating, lawmakers in Pennsylvania acted swiftly to ban the so-called fake drugs. But manufacturers are even quicker. Today is the first day that brands of bath salts, synthetic pot and salvia are illegal in this state. By Wednesday, a yet-to-be-named product will be on the shelves of at least one local head shop, promising to have the same effects of
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DUI by the book
May 31, 2011
It’s tough to dredge up too much concern for somebody guilty of drunken driving. But until proved guilty, that alleged drunk is entitled to put up a good defense in a fair and unbiased court. Sometimes, though, our courts tend to tilt a bit more heavily in favor of the law enforcement officers on the other side of the proceedings. Maybe that’s why a Harrisburg attorney wants to see the
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Pa. court kicks back bid for DUI training records
May 18, 2011
HARRISBURG, Pa. (AP) — Pennsylvania’s state open records agency was ordered Tuesday to take another look at its decision to grant access to police drunken-driving training materials to a lawyer who specializes in DUI cases. The state Commonwealth Court told the Office of Open Records to conduct a hearing that will more fully explore whether releasing course materials from Harrisburg Area Community College used to train police officers might endanger
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Operator error in breath tests?
April 4, 2011
The Intoxilyzers didn’t fail. They faithfully detected the presence of alcohol when 1,147 drivers blew into them. But the mistakes made by humans were so basic – did anyone notice, for example, that 0.009 is a bigger number than 0.005 – that they raise questions about training and oversight in the Philadelphia Police Department. And at least one defense attorney, a DUI expert in Harrisburg with scientific training, argues that
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Keeping out bad science: Forensics in the Courtroom
March 15, 2011
It is 8:00 am Saturday morning in downtown Chicago. I sit down with one of the great defenders of the Constitution, Justin McShane of Harrisburg, Pennsylvania. My head is full of new knowledge after just a few days at the American Academy of Forensic Sciences (AAFS) annual conference. I roll tape. McShane co-authored the Amicus Curie brief filed by the National Association of Criminal Defense Lawyers (NACDL) in conjunction with
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Jury begins deliberating Dauphin County road-rage shooting case
March 9, 2011
A Dauphin County jury this afternoon began considering the attempted murder and assault case against a Harrisburg man who shot and wounded another motorist during an Easter 2009 road-rage incident. Curtis A. Williams Jr., 47, claims he was defending himself and his sons when he shot Harrison Purdy Jr., 36, of Lower Paxton Township, after Purdy confronted him at Witmer Road and Route 322 in Swatara Township. In closing arguments
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Cumberland County driver shot after police chase seeks $1 million in federal lawsuit
February 22, 2011
A Cumberland County man who claims a state trooper shot him without justification after a November 2008 police chase is seeking $1 million in damages in a lawsuit filed in U.S. Middle District Court. Joshua Grimes of Lower Frankford Township filed his suit against the state police more than a year after a county jury acquitted him of charges that he tried to run over a trooper at the end
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Reluctant witness testifies about fight
November 5, 2010
“[Williams] is doing everything he can to make sure he seems guiltier than hell,” McShane said.
Harrisburg Criminal Defense Lawyer Justin J. McShane on Tyshant Love Case
August 24, 2010
Harrisburg Criminal Defense Lawyer Justin J. McShane was interviewed by ABC27 on the Tyshant Love case. Attorney McShane successfully argued for a retrial for Love in his 2005 third degree murder conviction.
Harrisburg Criminal Defense Attorney Justin J. McShane on Tyshant Love Murder Retrial
August 24, 2010
Harrisburg Criminal Defense Lawyer Justin J. McShane was interviewed recently by ABC27 about the Tyshant Love case. Attorney McShane successfully argued for a retrial for Love in his 2005 third degree murder conviction.
Charges against pair bound over to court in abuse case
August 9, 2010
MIFFLINTOWN – Two parents charged in connection with the abuse of their 5-week-old baby were present for preliminary hearings Wednesday at Magisterial District Judge Barbara Lyter’s office. Joshua Sheaffer, 26, and Rebecca Keller, 25, both of Richfield, are charged with numerous offenses relating to the abuse of their son, Charlie Sheaffer, who allegedly sustained bruising and possibly fractured ribs. Keller’s charges do not stem from physical abuse on the baby,
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Man asks for new trial in 1996 murder case
August 9, 2010
This is about whether the jury should have been able to hear more evidence that was left out by prior counsel. -Justin McShane A man convicted in a 1996 murder case is pointing the finger at another man – and asking for a new trial. Tyshaunt Love was convicted of third-degree murder and got a prison sentence of 15 to 30 years for killing his former girlfriend, 20-year-old Iris Fennell
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Mother of Harrisburg homicide victim wants new trial for daughter’s killer
August 6, 2010
The mother of a woman killed nearly 15 years ago said the man convicted of killing her daughter should get a new trial. After hearing four hours of testimony at Tyshaunt Love’s appeals hearing today, Charlena Belcher said she doesn’t believe all the facts came out in Love’s 2005 homicide trial. She had said earlier this week that she didn’t want him to get a new trial. Belcher’s daughter, Iris
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Harrisburg man convicted of murder claims innocence, says another man confessed to the slaying
August 6, 2010
If Tyshaunt Love killed his ex-girlfriend, why did someone else reportedly confess to the slaying? And why didn’t the Dauphin County jury that convicted Love know this? An attorney for the Harrisburg man convicted of the 1996 murder of Iris Fennell Belcher will ask for a new trial today, based on what he believes was insufficient evidence presented to the jury at trial. *”I don’t know if he did it
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Shippensburg man arraigned on pot charges
December 24, 2009
A Shippensburg man charged with growing marijuana in his King Street home was held for county court Wednesday and arraigned on separate theft charges, to boot. Roy Arthur Mills was bound over for court by Magisterial District Judge Harold Bender despite claims by defense attorney Tim Barrouk that Mills was not the grower of 66 marijuana plants found in a “secret” room during a Dec. 3 search of his home
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Forbidden tryst begets probation
November 18, 2009
A former Lebanon County probation officer who fell in love with one of her clients and later married him was sentenced Wednesday for falsifying his records so they could spend a forbidden weekend together in Atlantic City. Judge Bradford H. Charles sentenced 28-year-old Erin M. Lewis of Palmyra to six months probation and ordered her to pay a $100 fine for tampering with public records. She was found guilty of
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Grimes gets time served
October 18, 2009
Counting the 50 days he spent at a hospital under guard, Joshua Michael Grimes was imprisoned for 261 days following the high-speed chase he led state police on in November 2008. That was enough, Cumberland County President Judge Edgar Bayley decided Tuesday. He gave Grimes, 28, of Carlisle a time-served sentence, plus fines totaling $550. “I know my actions were wrong,” Grimes told Bayley, saying he had “messed up” and
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Man convicted of fleeing police, resisting arrest receives sentence of time served
October 12, 2009
A Cumberland County man who was acquitted of charges that he tried to run over a state trooper after a chase won’t spend more time in prison for other convictions from the incident. Joshua Grimes, 27, of Lower Frankford Township, was acquitted by a jury in August of aggravated and simple assault for the November chase near Bloserville. He was convicted of lesser counts of fleeing police, reckless endangerment and
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Records agency establishes precedents
September 27, 2009
*Back in 2008, attorney Justin McShane often met resistance when he’d seek records from state and local government. He’d get every excuse in the book, he said.* That changed after the Right to Know Law of 2008, which made the presumption that records are public unless government can prove otherwise. The law took effect at the start of this year. People have requested a variety of documents from local governments
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Shrewsbury teen pleads guilty in friend’s death
September 14, 2009
A Shrewsbury Township teen who killed his friend after what authorities said was a night of excessive drinking and drug use pleaded guilty to third-degree murder Friday in York County Court. Ryan Randolph Shiflett, 19, of 3697 Steltz Road, was immediately sentenced to six to 12 years in state prison, as part of a negotiated plea agreement, court records state. A first-degree murder charge against him was dismissed as part
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Jury deadlock scraps slaying trial
August 20, 2009
The attorney for Negii Coffee, left, said he was concerned that a lack of money would hamper Coffee’s defense in the new trial. Jurors who had deliberated since Monday were unable to reach a decision Wednesday in the nine-day trial of Negii Coffee, accused of killing John Bruno, 33, in Harrisburg in 2004. Judge John F. Cherry dismissed the jury at 4:30 p.m. and scheduled a new trial for Nov.
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Jury still out in city slaying
August 19, 2009
A jury was unable to reach a decision after a full day of deliberations Tuesday in the trial of Negii Coffee, who is accused of killing 33-year-old John Bruno in 2004. The trial began Aug. 10 in front of Judge John F. Cherry, and the jury began its deliberations late Monday. Families for Coffee and Bruno, both Harrisburg residents, have attended the trial, awaiting a decision through the testimonies and
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Jury begins deliberation in murder trial of Negii Coffee
August 17, 2009
McShane said Coffee would be a “moron of biblical proportions” if he kept the gun that could tie him to the shooting.
Jury finds Grimes not guilty of assault
August 12, 2009
“I think that the jury got this one right,” Barrouk said afterward. “Josh from the beginning admitted that he ran from police, but he said from the beginning that he didn’t try to harm anyone.”
Grimes found not guilty of aggravated assault
August 11, 2009
A man accused of deliberately backing his SUV toward a trooper following a high-speed chase in November 2008 has been found not guilty of aggravated and simple assault. A Cumberland County jury returned its unanimous verdicts on Joshua Michael Grimes, 27, of the 500 block of Opossum Lake Road, Lower Frankford Township, after several hours of deliberation this afternoon. However, the jury did find Grimes guilty of two counts of
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Driver shot by police acquitted of assault by Cumberland County jury
August 11, 2009
A Cumberland County man who was shot by a state trooper after a high-speed chase was acquitted by a county jury this afternoon of the most serious charges filed against him for the November incident. After deliberating about three hours, the jury acquitted Joshua Grimes, 27, of Lower Frankford Township, of aggravated assault and simple assault. It convicted him of recklessly endangering the two state police officers involved in the
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Trooper who fired says his life was at risk
August 11, 2009
State Trooper Rodney Fink said he was in mortal danger when he shot and wounded a driver after a chase in Cumberland County in November. Joshua Grimes tried to back into him after he had rammed Grimes’ Ford Explorer off the road, Fink testified Monday. “The vehicle started moving toward me,” he told a county jury during Grimes’ trial on aggravated assault and other charges. “I began firing … because
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Trooper says he feared for his own life
August 11, 2009
“The physical evidence is going to show that there is no way Joshua was aware of Trooper Fink’s presence,” Barrouk said.
Driver is acquitted of assault on trooper
August 11, 2009
Joshua Grimes didn’t say a word in his defense, but a Cumberland County jury acquitted him Tuesday of charges that he tried to run over a state trooper who shot Grimes after a chase in November. The jury deliberated about three hours before deciding Grimes wasn’t guilty of aggravated assault or simple assault on Trooper Rodney Fink. The charges were the most serious filed against Grimes, 27, of Lower Frankford
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Trial begins in 2004 Harrisburg shooting death
August 10, 2009
The defense attorney for a man accused of a 2004 homicide claims Harrisburg City Police failed to adequately investigate the shooting death of 33-year-old John Bruno. But First Assistant District Attorney Fran Chardo said in his opening statement Monday that the accused, Negii Coffee, 39, was an admitted drug dealer who had been convicted on gun charges. Chardo said the shooting, inside the New York Fried Chicken in the 1400
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Trial begins in Cumberland County police chase, shooting
August 10, 2009
Joshua Grimes was a “desperate man” when he tried to run down a state trooper during a police chase in Cumberland County in November, a prosecutor said as Grimes’ trial began in county court today. Grimes, 27, of Lower Frankford Township, was shot as he backed his Ford Explorer toward the trooper, who had forced Grimes’ vehicle off the road, Chief Deputy District Attorney Michelle Sibert told the jury. She
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Judge: DA’s office must pay $5,000 fine for contempt
August 5, 2009
The York County District Attorney’s Office must pay a $5,000 contempt-of-court fine for refusing to divulge the name of a confidential informant in a drug-dealing case, a county judge ruled on Tuesday. District Attorney Stan Rebert said taxpayers will not be on the hook for the five grand. “Ultimately, I guess I pay the fine,” he said. But first, prosecutors will appeal the ruling, Rebert said. Rebert said he’s unsure
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Defense seeks suppression in strangulation case
April 2, 2009
Accused in the April 25, 2008, “sleeper hold” strangulation of a friend, Ryan Randolph Shiflett wants all evidence and statements that Pennsylvania State Police obtained from him suppressed from trial. Shiflett, 19, is charged with first- and third-degree murder and voluntary manslaughter in the death of Eric Cook, 19. Shiflett’s family has said Cook’s death was an accident. The defense maintains troopers improperly stopped, detained and questioned Shiflett the day
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Serious Charge Dropped Against Two “Bomb“ Suspects
February 5, 2009
Swatara Township, Pa. – Prosecutors say 20-year-old Colter Vasser and 18-year-old Matthew Weaser weren’t doing anything “evil” when they made two dozen homemade pipe bombs. In fact, prosecutors now compare the devices to “homemade fireworks.” Thursday, prosecutors dropped the felony charge of risking a catastrophe against the two suspects. “I think you have two kids here really just trying to have some fun and unfortunately they did it in a
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Attempt to run over troopers denied
January 29, 2009
“We adamantly disagree with the commonwealth’s position on the aggravated assault charges,” Barrouk said. “He never intended to strike a police officer. He was unaware that a police officer was behind his vehicle.”
Cumberland County man wasn’t trying to run over troopers, attorney says
January 28, 2009
The lawyer for a Cumberland County man who was shot by state police said today that his client wasn’t trying to harm the troopers who shot him. Joshua Grimes, 27, of Lower Frankford Township, didn’t know the officers were behind his truck as he backed up after an alleged chase on Nov. 30, attorney Tim Barrouk said. Police said the troopers fired because they believed Grimes was trying to run
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Arraignment in Homicide Case Delayed
January 7, 2009
The mandatory arraignment of a Chambersburg man charged with criminal homicide was delayed Wednesday in Franklin County Court to allow V’Cetres Buckner to find an attorney certified to handle a death penalty case. Assistant District Attorney Angela Krom told Judge Carol Van Horn that a notice of aggravating circumstances was filed in the case of Buckner, who is charged with the Aug. 6 shooting death of Timothy A. Short, 42,
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Buckner bound over for trial in fatal shooting of Chambersburg man
November 11, 2008
CHAMBERSBURG, Pa. – While being interviewed about the August killing of Timothy Aaron Short, V’Cetres Buckner folded a photo of Short’s body into a small square and admitted to the shooting, implying that it was accidental, according to testimony Monday at Buckner’s preliminary hearing. Buckner’s defense attorney argued before Magisterial District Justice Gary Carter that no direct evidence exists that his client killed Short other than his confession. Carter ordered
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Hearing continued for Chambersburg teen charged in slaying
September 24, 2008
The preliminary hearing of a Chambersburg teenager charged with criminal homicide in the August shooting of a borough man was continued Tuesday in Franklin County Central Court at the request of his attorney. V’Cetres D. Buckner, 18, of 207 Larch Ave., also is charged with robbery in the Aug. 6 killing of Timothy Aaron Short, 42, of Hood Street, who was found dead of a single gunshot wound to the
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Former probation officer’s case bound to court
July 8, 2008
“It’s a silly case, criminalizing what is at worst a moral lapse,” he said.
Hodge Pleads in Shooting
January 12, 2008
There were apparently two people Anthony P. Hodge wasn’t trying to shoot the evening of July 16, and on Monday he apologized to one of them. “I’m sorry for accidentally shooting you,” the 23-year-old Carlisle resident said, turning around to face 27-year-old Trakia Houdeshell. Authorities say Houdeshell was pregnant when a stray bullet hit her just before midnight as she was sitting with family and friends on her front porch
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Intimidation Charges Dropped
November 14, 2007
Expressing doubt in the commonwealth’s chief witness and ruling the evidence did not rise to the level of the crimes charged, York County Judge John S. Kennedy dismissed charges against two men accused of trying to intimidate a city fire department codes enforcement officer. Tony Brown, 42, of Park Place, and Johnathan T. Bourdon, 41, of Frederick, Md., were charged with misdemeanor and summary offenses for a November 2006 run-in
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Judge Throws Out Criminal Charges Against Pair Accused Of Making Threats
November 14, 2007
A York County judge threw out criminal charges against two business partners accused of making threatening comments against a York City fire codes official. Tony Brown, 42, of York City, and Jonathan Bourdon, 41, no address available, were charged for a Nov. 30, 2006 encounter with York City firefighter and codes-enforcement officer Jason Rhoades. The two are partners in Unique Investments with Brown’s common-law wife, Susan Basinger, testimony revealed. Rhoades
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Defandant Describes His Trysts
August 30, 2007
A Valley tow truck driver charged with drugging and sexually assaulting three employees described for a jury Monday the trysts he had with one of his accusers and an erotic Christmas card photo-shoot he conducted with a second. But Mark Ethan McFall testified his heart belonged to a third man with whom he had been friends for more than a dozen years – and who also has accused McFall of
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Victim’s Wife Testifies
August 24, 2007
The wife of one of Mark Ethan McFall’s alleged victims described how her husband stumbled into the couple’s home hours before dawn after reportedly being sexually assaulted by the defendant three years ago. Unaware of what allegedly had happened earlier in the night – and her husband still too groggy from the drugs reportedly given to him on the sly by the defendant – the woman told the jury listening
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Defense: Accused “Is Not A Monster”
August 20, 2007
The defense attorney for the Valley tow truck driver charged with drugging then sexually abusing several former employees came prepared Monday afternoon with props and metaphors for his opening argument. Justin J. McShane, who is representing Mark Ethan McFall, began with a picture of Albert Einstein and asked jurors to be scientific in reaching their decision about his client. Then he emptied a bag of puzzle pieces onto the defense
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Jury Selection Begins In McFall Case
August 19, 2007
Jury selection begins today for the trial of the Valley tow truck driver charged with drugging and then sexually abusing several of his employees. According to police, the defendant, Mark Ethan McFall, 43, dolled out the medication to his unsuspecting victims — at least one believed he had been summoned by McFall as part of a Mafia initiation ritual, reports state — then molested the unconscious or groggy men, often
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Drive-By Gunshots Came Amid Feud, Witness Testifies
July 28, 2007
Two Carlisle men who police said engaged in a gunfire-laced feud over a woman met yesterday in a Cumberland County courtroom. Asmara Vasser testified that Anthony Hodge, 22, fired shots into the air as Vasser drove past him in the 100 block of West North Street about 11 p.m. July 16. Police said one shot struck bystander Trakia Houdeshell, 27, in the head as she sat on her front porch
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Tense Courtroom Proceeding For Hodge Preliminary Hearing
July 27, 2007
The animosity between Anthony Hodge and Asmara Vasser was clear even before Hodge’s preliminary hearing on attempted homicide charges began Friday. Hodge’s family and supporters sat on one side of the room, while Vasser’s wife sat on the other. Defense attorney Justin J. McShane’s first act was to ask Magisterial District Justice Jessica Brewbaker to remove Vasser from the courtroom. “I know this is an emotional issue,” the judge said
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Tight Securty For Shooting Suspect’s Court Appearance
July 27, 2007
Police were fearful an ongoing community feud would spill over into the courtroom Friday. Anthony Hodge, 22, is charged with attempted murder. The charges stem from a shooting on July 16th on West North Street in Carlisle. Police say Hodge fired nine rounds at a neighborhood rival. One of those shots hit 27- year-old Trakia Houdeshell, who was sitting on her front porch. The bullet had to be removed from her
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Man Held In Woman’s Shooting
July 20, 2007
A Carlisle man was charged yesterday in the Monday night shooting that wounded a borough woman. Anthony P. Hodge, 22, of 248 Franklin Street, was arraigned on charges of attempted homicide, aggravated assault, nine counts of recklessly endangering and criminal mischief, Mayor Kirk Wilson said last night. Hodge was committed to Cumberland County Prison in lieu of $2 million bail. Hodge is accused of firing nine shots, one of which
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Suspect Arrested in Carlisle Shooting
July 20, 2007
Carlisle Police have arrested a suspect wanted in the shooting of a woman who was sitting on her porch. Anthony Hodge was charged with attempted homicide after his arrest Wednesday, even though the victim was not the intended target. Police say Hodge fired at least nine shots from the 100 block of West North Street Monday night. One of the bullets hit 27-year-old Trakia Houdeshell in the back of the
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Carlisle Man Jailed In Monday’s Shooting
July 19, 2007
A 22-year-old Carlisle resident has been arraigned in a shooting Monday night that left a woman hospitalized with a head wound. Carlisle Mayor Kirk Wilson said at a news conference Thursday night that Anthony P. Hodge, 22, of 248 Franklin Street had been arrested and charged with firing nine shots on a borough street late Monday night. One of those shots struck Trakia Houdeshell, 27, in the head as she
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Judge Refuses To Dismiss Rape Charges
March 2, 2007
Mark Ethan McFall described on Friday a meeting he had months ago with authorities during which he said he offered to be a snitch against “politicians and high-ranking officials” in the county. McFall, the 42-year-old Valley tow-truck driver accused of drugging and sexually assaulting four former employees, declined to name names from the witness stand, however “I work with those people every day. We had the police impound for 15
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Lawyer: Dismiss Abuse Charges
March 2, 2007
The attorney for Mark Ethan McFall has asked a county judge to dismiss the sexual abuse charges against his client, accusing members of the district attorney’s office of misconduct. Defense Attorney Justin J. McShane charged that Deputy District Attorney Steve Kelly, Assistant District Attorney Andrew Rongaus, and two state police officers spoke with McFall at the Chester County District Attorney’s office in July without inviting the defendant’s attorney. McFall, owner
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Man in Passenger Seat Fights DUI Charge
August 1, 2006
A man charged with drunken driving from the passenger’s seat has asked a judge to throw out an incriminating statement he made to a state trooper. Derek Randall Pittman, 26, of Carlisle, had a blood-alcohol level of 0.237 percent when he was arrested, said Michelle Sibert, a Cumberland County assistant district attorney who is prosecuting the case. Trooper Jeffrey D’Alessandro said he pulled the car over early on the morning
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Driver + Sandwich = Passenger DUI
August 1, 2006
A Pennsylvania man is fighting a DUI charge with an unusual twist: He was in the passenger seat at the time. A state trooper says he pulled over a car after it swerved from a turning lane into the travel lane of a highway in Carlisle on Dec. 26. When he approached the vehicle, the trooper says the driver was holding a sandwich in both hands — and the passenger,
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DUI-Charged Rider Denies Steering Car
August 1, 2006
“I think this is one of those quirky little cases,” McShane said. “I don’t think anybody imagined anything like this when the law was passed.”
DUI Case Comes With Real Twist
August 1, 2006
A Carlisle man charged with driving under the influence even though he was a passenger hopes to have the case dropped in county court. The incident started in the early morning hours the day after Christmas, when state police saw a vehicle driving erratically on Route 11 just west of Carlisle. Court documents say the car swerved from a turning lane back into the regular lane of traffic. When police
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Victim Details Bogus Mob Ploy
July 26, 2006
An admitted drug addict testified yesterday in Valley Township District Court that he thought he had received an offer her he couldn’t refuse. Interested in what he viewed as the “easy way to make money” in the Mafia, he said he agreed to meet his employer, a Coatesville towing operator, for a night of initiation on Sept. 25, 2003, to prove his loyalty. Instead, the man testified, he became a
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Alleged Victim Testifies At Hearing
July 26, 2006
The man who said he was sexually assaulted by a Valley tow-truck driver in September 2003 said on Fr!day he was “scared for his life” during the alleged incident. The 22-year-old male testified during a preliminary hearing on Friday against Mark McFall, 42, who was charged with drugging and sexually assaulting the male on May 31. McFall is also charged with drugging and sexually assaulting three other males In Chester
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Man Apologizes for DUI Death
April 11, 2006
Cheri Duman caught her tears with a tissue in Adams County court Monday, as the driver who killed her husband read a note he wrote to her. “In a flash of a moment, my life changed before my eyes,” said Robbie Lee Ridinger, also choking back tears. “I would give anything, do anything to change that moment.” The 23-year-old Littlestown man admitted he was driving drunk May 29 when he
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Man Pleads in DUI Death
April 10, 2006
And McShane stood by the young man as he pleaded guilty to charges of homicide by vehicle, driving under the influence and recklessly endangering the girl he was with that morning.
Man Gets Prison Time For Meat Cleaver Attack
March 23, 2006
A presentence report recommended a minimum of 15 years in prison, and defense attorney Adam Bompadre asked for a sentence in the range of five to 10 years. Calling the crime “the kind of thing of which horror films are made,” Franklin County Judge Richard Walsh on Wednesday sentenced a Chambersburg man to 12 to 40 years in prison for attacking another man with a meat cleaver. On Jan. 14,
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Stidfole Facing Rape Charge In Mifflin County Court
March 3, 2006
Emotion-filled testimony was heard from a woman allegedly raped inside her Lewistown apartment during the defendant’s preliminary hearing Friday before Magisterial District Judge Jack Miller. “He was laughing as he pulled me out of the chair and pinned me against the sink,” the woman said as she gave her account of the alleged Jan 12 incident. The defendant, William C. Stidfole, 54, of 1111 W. Seventh St., Lewistown, periodically shook
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Freed’s Standoff Charges Bound Over To Court
February 23, 2006
“I realize he shouldn’t be smashing things, but there’s nothing illegal about that in his own home. He picked up the gun and went to put it away,” Bompadre said. “His guns are legally owned and he’s not charged with any gun violations.”
Private Counsel Hired In Police Standoff Case
January 29, 2006
A man facing charges stemming from a nine-hour standoff with police has retained private counsel, but a preliminary hearing in his case has not yet been scheduled. Roy R. Freed, 31, of 16 Stoneroad Court, Lewistown is charged with aggravated assault and related offenses in connection with the Jan. 8 standoff at his residence. According to court documents, the standoff began around 8:30 p.m. that evening, when a young female
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Out of Options, Only Hope Remains
December 11, 2005
“I find it completely possible that any man with a terminally ill mother who begged him to take the deal would perjure himself to avoid the death penalty,” McShane said. “People, more than we as a society would like to think, unfortunately plead guilty to crimes every day across the entire U.S. to minimize the consequences or to get it over with.”
Robbery Sentences Handed Down In Juniata County
December 6, 2005
A Mechanicsburg man will serve five to 10 years in state prison for the Dec. 28, 2004, robbery of the Port Royal Uni-Mart after appearing in the Juniata County Court of Common Pleas for sentencing Monday. Matthew T. Herbster, 28, pleaded guilty Sept. 26 to one count of robbery with threat of bodily injury stemming from the incident. Herbster entered the store during the afternoon of Dec. 28 and used
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Jury Acquits Man Of Robbing Drug Informant
October 16, 2005
“Is that enough to prove beyond a reasonable doubt?” McShane asked. “We had a very, very intellectual jury who was able to reason through the evidence.”
Herbster Pleads Guilty To Robbery At Uni-Mart
September 27, 2005
“We feel the plea is a win-win situation for everybody involved,” said Herbster’s defense attorney, Adam Bompadre, of Harrisburg.
Swartz Sentenced
September 21, 2005
What could be the final chapter regarding court proceedings for a Port Royal man’s involvement in a 2004 crime spree unfolded in the Mifflin County Court of Common Pleas on Tuesday. Dustin J. Swartz, 20, of Port Royal, received a concurrent sentence of five to 10 years in state prison for his role in the Nov. 23 theft of six handguns from Lewistown Hunting and Fishing. Swartz appeared before Judge
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L’town Man Allegedly Speeding When Biker Killed
July 4, 2005
A Littlestown man was driving at least 73 mph when his car crossed the center line in May, killing a motorcyclist who had just pulled from his driveway, according to testimony Tuesday at a preliminary hearing. Robbie Lee Ridinger, 22, of 100 S. Queen St., is charged in the death of 54-year-old Joseph Dean Duman Jr. Liberty Township police allege Ridinger was driving drunk when he failed to handle a
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Robberies Land Swartz Behind Bars
June 10, 2005
Dustin Swartz will spend 10 to 20 years in a state prison for his involvement in two armed robberies last year that rocked Juniata County. The former state champion wrestler pleaded guilty to numerous charges in the October robbery of the East Waterford branch of the First National Bank of Mifflintown and the November robbery of the Weis Market in Mifflintown. Judge Kate Marrow sentenced Swartz Thursday on one count
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Bryan Faces Burglary, Theft Charges In Mifflin County
May 27, 2005
A Mifflin man who pleaded guilty Wednesday to charges stemming from the Nov. 24 robbery of the Mifflintown Weis Market is now facing additional charges in Mifflin County. According to district court documents, those charges involve the alleged theft of six handguns from Lewistown Hunting and Fishing on Nov. 23. Police allege at least three of those guns were used by defendants in the commission of the Weis robbery. Michael
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Defense Attorney: Drugs Were The Driving Force Behind Weis Robbery
May 26, 2005
A Mifflin man charged with multiple counts of criminal conspiracy stemming from the Nov. 24 robbery of the Mifflintown Weis Market is facing a sentence of three to six years in state prison, following a plea agreement reached between his defense attorney and the prosecution Wednesday. Michael S. Bryan, 20, pleaded guilty to the charges in the Juniata County Court of Common Pleas. His attorney cited drug addiction as the
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Swartz Update
April 22, 2005
Dustin Swartz’s father and sister, who are accused of tampering with evidence in connection with the robbery of the Mifflintown Weis Market, waived their preliminary hearings Thursday. Pennsylvania State Police Lewistown allege Frank J. Swartz Jr., 46, and Samantha J. Swartz, 25, both of RR 1, Port Royal, burned clothing worn by suspects Dustin Swartz and Stanford Adler during the Nov. 24 robbery. According to court documents, charges were filed
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Swartzes Charged With Tampering With Evidence In Weis Robbery Case
March 22, 2005
“We’re talking about a panic situation on Thanksgiving morning. I’m going to move for both Frank and Samantha to be considered for Accelerated Rehabilitative Disposition,” McShane said. “It should be noted that ARD is not an admission of guilt, and the charges would be expunged from their records after a year.”
Swartz Pleads Guilty
March 5, 2005
Dustin J. Swartz pleaded guilty to multiple charges in Juniata County Court of Common Pleas on Monday, stemming from his alleged involvement in the robberies of the Mifflintown Weis Market on Nov. 24, and the First National Bank of Mifflintown, East Waterford Branch, on Oct. 19. Swartz, 20, of Port Royal, entered his pleas in both cases as part of a plea agreement recommending his sentence be limited to 10
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Robbery Charges Filed In Franklin County
March 3, 2005
A Port Royal man charged in connection with two Juniata County robberies waived his formal arraignment on separate charges in the Franklin County Court of Common Pleas on Wednesday. According to court documents, Dustin J. Swartz, 20, is charged with one count each of robbery and theft, stemming from his alleged involvement in the Nov. 12, 2004, robbery of a Uni Mart store located on Path Valley Road in Spring
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Formal Arraignment In Franklin County
March 2, 2005
Two Juniata County men charged in connection with the Oct. 19, 2004 robbery of the 1st National Bank of Mifflintown in East Waterford, waived their preliminary hearings before Magisterial District Judge Jaqueline Leister on Thursday. One of those men also waived his hearing regarding charges from the Nov. 24, 2004 robbery of the Mifflintown Weis Market, as did a third Juniata County man also charged in the Weis robbery case.
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Police Ad Uni-Mart Robbery To Charges Against Swartz
January 13, 2005
A Juniata County man already charged in connection with the robberies of the Mifflintown Weis Market on Nov. 24 and the First National Bank of Mifflintown, East Waterford Branch on Oct. 19, faces still more charges stemming from his alleged involvement in the robbery of a Franklin County Uni-Mart store Nov. 12. Dustin J. Swartz, 20, of Port Royal is now charged with one count each of robbery and theft,
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One Opts For Hearing, Two Others Waive The Right
January 5, 2005
The family is extremely supportive of their son and what’s going on in his life right now. I’ve seen defendants facing the death penalty who did not get this much support,” McShane continued.
Weis Robbery Case Progresses
January 5, 2005
Police allege two more Juniata County residents were involved with the Nov. 24 armed robbery of the Weis Market in Mifflintown. The additional suspects include a man who said he was not a willing participant and a woman who police allege was promised $1,000 to serve as a lookout. Douglas Logan Foose, 24, of RR 5, Mifflintown, and Allison Jo Smith, 18, of RR 3, Mifflintown, were charged with one
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Slaying Charges Upheld
December 30, 2004
A friend’s bloodstained car and the testimony of a former girlfriend yesterday tied accused killer Nigul Jervon Carl Johnson to the Sept. 8 slaying of James Curtis Adams. Police allege Johnson, 21, is one of three people who ambushed the 35-year-old Adams in the 200 block of North Grant Street around 1:40 am, and fatally stabbed him. After Johnson’s preliminary hearing, District Justice Richard Martin II determined enough evidence exists
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Man To Stand Trial In Stabbing
December 30, 2004
James Caplinger said he was shocked when his friend Christopher “Spaz” Jefferson returned his car. “It was covered in blood,” Caplinger said Wednesday. “Inside, outside, all over the seats.’ He said Jefferson offered him no immediate explanation. “It was like, There’s your car. See ya later. Well talk,” Caplinger recalled. On the basis of Caplinger’s preliminary hearing testimony and an eyewitness account of Maria Riven, who saw James Curtis Adams
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2 Drug Dealers Convicted Of Killing Addict
December 16, 2004
Proclaiming their innocence, two admitted drug dealers were sentenced to life in prison yesterday for the murder of a 23-year-old addict who prosecutors said was killed over a $100 drug debt near the city’s Italian Like park. Glenn D. Taylor, 43, of Arrow Road, and Mwandishi G. Mitchell, 31, of the 100 block of South 14th Street, were found guilty of second-degree murder, kidnapping, conspiracy and other offenses in the
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Jury Gets Case In Slaying Near Lake
December 14, 2004
A Dauphin County jury this morning will resume deliberating the fates of two admitted drug dealers accused of killing an addict who had stolen heroin from them four years ago. GIenn D. Taylor, 43, of Arrow Road, and Mwandishi G, Mitchell, 31, of the 100 block of South 14th Street, are charged with murder, kidnapping and conspiracy in the Nov. 1, 2000, shooting of Haydee Freytes, 23, near Italian Lake.
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Sisters Say Defendant Was At Party
December 11, 2004
Two witnesses told jurors yesterday that Glenn D. Taylor was at a Halloween party at their house on the night that police say he and another city man killed a woman near Italian Lake in Harrisburg. Taylor, 43, and Mwandishi Mitchell, 31, are charged with the shooting death of 23-year-old Haydee Freytes in the early morning of Nov. 1, 2000. Their murder trial continued yesterday in Dauphin County Court. The
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Witness Testifies Victim ‘Dope Sick’
December 9, 2004
Haydee Freytes was strung out on drugs, down on her luck and willing to do anything for more drugs or money, witness testified in Dauphin County Court yesterday. Samuel Taggert said he was present when Freytes received the bags of heroin that, police say led to her killing. Mwandishi G. Mitchell gave Freytes several bags of heroin to sell in the fall of 2000, Taggert testified. But Freytes never sold
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Prosecutors Say Drug Debt Prompted Fatal Shooting
December 8, 2004
Dauphin County prosecutors said a drug debt prompted the fatal shooting of a Harrisburg woman the day after her 23rd birthday. First Assistant District Attorney Francis Chardo said Haydee Freytes had taken heroin from a dealer and didn’t pay for it. Chardo told the jury in the murder case against Glenn Taylor and Mwandishi Mitchell that Freytes was a prostitute and a drug user and they thought nothing of taking
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Slaying Linked to Heroin Theft
December 8, 2004
Haydee Freytes was beaten and shot to death the day after she turned 23 because she took heroin from a dealer and wouldn’t or couldn’t pay for it, prosecutors said yesterday. First Assistant District Attorney Francis T. Chardo gave that account to jurors during opening statements in the murder case against Glenn D. Taylor, 43, and Mwandishi G. Mitchell, 31. Even if Freytes was a drug user who sometimes sold
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Jury Trial To Get Under Way In Slaying At Italian Lake
December 7, 2004
Jury selection was completed yesterday in the case of two Harrisburg men accused of kidnapping a city woman Nov. 1, 2000, shooting her to death and then leaving her body near Italian Lake. The body of Haydee Freytes, shot twice – once in the head, once in the hand was. found in the 200 block of Edward Street, near the northern edge of the park. Glenn Darien Taylor, 43, of
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Wholaver Sentenced For His Role In Slayings
December 3, 2004
“The only thing that could have made him more of a hero would have been if he had had the wherewithal to stand up to his overwhelming brother and stop these tragedies from occurring,” McShane said.
Wholaver Sentencing
December 3, 2004
His brother, convicted murderer Ernest Wholaver, killed his wife and two daughters nearly two years ago. Yesterday sentenced on remaining charges for his part in the murders. He has already served nearly two years of his 12-and-a-half to 25-year sentence. In exchange for a lesser sentence testified against his older brother. He admitted to the court that he drove Ernest to the Middletown home where he killed his family. Ernest
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Accomplice Sentenced In Triple Murder Case
December 3, 2004
Scott Wholaver was sentenced to 12.5 to 25-years in prison for the part he played in the Christmas 2002 murders of his sister-in-law and two nieces. According to the Dauphin County prosecutor Fran Chardo, part of the plea arrangement was to tell the truth and that’s, exactly what Scott did: “Part of the plea agreement was that he would have to testify truthfully, and cooperate in pretrial meetings and the
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Scott Wholaver Sentenced In 2002 Murder, Family Reacts
December 2, 2004
“He’s been serving a life sentence within himself ever since this occurred,” said attorney Justin McShane.
Brother Learns Fate For Role In Murder
December 2, 2004
The brother of convicted murderer Ernest Wholaver was sentenced himself in Dauphin County court Thursday. Scott Wholaver pleaded guilty to third-degree murder and will spend at least ten years in prison. On Christmas Eve 2002, Ernest Wholaver killed his estranged wife Jean and their two daughters: 20-year old Victoria and 15-year old Elizabeth. Scott Wholaver drove Ernest to and from the crime scene. Fran Chardo/prosecutor, “He must answer for his
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Brother Sentenced To Prison For Part In Family Murder
December 2, 2004
A western Pennsylvania man was sentenced Thursday to 12.5 to 25 years in prison for helping his brother kill his family in Dauphin County. Under a plea deal, Scott Wholaver testified he and his brother Ernest drove to Jean Wholaver’s Middletown home on Christmas Eve. That is when Ernest Wholaver murdered his estranged wife and her two daughters. Ernest Wholaver received the death penalty.
Pa. Man Is Guilty Of Attempted Rape
May 14, 2004
“Reprehensible,” “evil” “monster” and “rapist” were some of the words used to describe Douglas Paul Wingert by his own defense attorney, who argued in Franklin County Court that his client was guilty of several crimes, but not attempted rape. The 39-year-old Harrisburg, Pa., man on Thursday was found guilty of trying to rape a 21-year-old teacher and related charges of terroristic threats, unlawful restraint, simple assault and indecent assault. The
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Trial Begins For Pa. Man Charged With Attempted Rape
May 13, 2004
“The crime of indecent assault is what happened here,” McShane said.
Trial Starts For Man Charged In Rape
May 13, 2004
Testimony from a prior rape victim highlighted the prosecutions case Wednesday in the jury trial of a Harrisburg man charged with the attempted rape of a local woman. Judge Carol L. Van Horn said she anticipates the case against Douglas P. Wingert will go to the jury today. Wingert, 39, faces five charges stemming from an alleged sexual assault of a 21-year-old woman at knifepoint on May 22, 2003, at
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Man Charged In Pa. School Assault Wants Statements Tossed
March 30, 2004
Wingert’s attorney, Justin J. McShane of Hershey, Pa., is asking the court to suppress all statements Wingert made to Pennsylvania State Police when he was initially questioned on May 27 and statements he made following his arrest on June 11.
Brother’s Deal Gives Hope For Conviction
June 13, 2003
“He was beside himself with grief,’ McShane said yesterday, adding that his client continues to be “very fretful.”
Wholaver Plea Bargain
June 13, 2003
“I can tell you that his deliberation to take the Commonwealth up on its offer has been a hard one for him. It’s his oldest brother and of course the ties of brotherhood are very strong.” – Justin McShane
Man Pleads Guilty To Helping Brother Kill Family
June 12, 2003
When a central Pennsylvania man goes on trial in the Christmas Eve slayings of his wife and two daughters, his younger brother will likely testify that he drove him to and from the scene of the crime, and later led authorities to the murder weapon hidden in the woods. In exchange for that cooperation, Scott Wholaver will spend as much as 25 years in prison as a result of a
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Wholaver’s Brother To Plead Guilty In Slayings
June 12, 2003
The brother of the man charged in the slayings of his wife and daughters in Middletown on Christmas Eve is expected to plead guilty to third-degree murder today. Scott Wholaver, 28, will formally enter guilty pleas to lesser charges as well, sources said. He will be sentenced to 121/2 to 25 years in state prison under terms of the agreement, the sources said. Scott Wholaver has agreed to testify against
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Scott Wholaver Cuts Deal
June 12, 2003
“I can tell you for a fact that this deliberation to take the commonwealth up on it’s offer was a very hard one for him. It’s his oldest brother and of course the ties of brotherhood are very strong.” – Justin McShane
Guilty Plea Expected
June 12, 2003
Scott Wholaver is expected to plead guilty today in Dauphin County Court. Jean Wholaver and her daughters, 20-year-old Victoria and 15-year old Elizabeth were found shot to death on Christmas Day. Scott is accused of driving his brother Ernest to Middletown the night of the murder. Scott says Ernest walked toward the house and came back 5-10 minutes later shaking and nervous.
Scott Wholaver Testifies Against Brother
March 26, 2003
On Wednesday Scott Wholaver testified against his brother Ernest. He gave a dramatic account that places Ernest Wholaver at the house the morning of the murders – dressed in dark clothing, gloves, and a ski mask. Scott Wholaver struck a deal with prosecutors… he will plead guilty to three counts of third degree murder in exchange for testimony against his brother. The prosecution says Ernest Wholaver murdered his wife, Jean,
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Brother To Plead Guilty In Triple Slaying
February 27, 2003
“My honest belief is that he did not know what was going on,” McShane said.
Testifying Against Brother, Who Is Charged In Triple Murder
February 26, 2003
“Just to say that he feels remorse would be an understatement of biblical proportions.” – Justin McShane
Wholaver Brother Charged
January 14, 2003
Ernest Wholaver, a suspect in the Christmas Eve slayings of his estranged wife and two daughters had his brother drive him to the victims’ Middletown home the day before Christmas, left the house “excited and shaking” and then concocted a false alibi about the slayings, according to his brother’s statement in a police affidavit. Scott Lewis Wholaver, 28, of St. Benedict, was charged yesterday with homicide in the killings and
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Wholaver Charged With Three Murder Counts
January 14, 2003
A former Middietown man was charged yesterday with three counts of murder in the shooting deaths of his wife and two daughters, with authorities alleging that he had made good on several threats to kill them. Ernest Wholaver Jr., 42, is accused of killing Jean Wholaver, 43, and the couple’s daughters, 20-year-old Victoria and 15-year-old Elizabeth, after breaking into the family home in the 800 block of North Union Street
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In Memoriam
January 7, 2003
Lori White may not have known the Wholavers, but she felt moved to walk a mile and a half through snow flurries last night, carrying a white candle, to mourn their deaths. She and a number of other Middletown residents trudged from the high school and past the house where Jean, 43, and her daughters, Victoria, 20, and Elizabeth, 15, were shot to death on Christmas Eve. Then it was
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Brother Admits Role In Killings
January 3, 2003
On the morning that police say his wife and daughters were killed, a masked Ernest Wholaver Jr. walked into the darkness toward the family’s Dauphin County home, returned to his waiting younger brother several minutes later, and said, “Drive, drive, drive,” the brother testified yesterday. “We were never here,” Ernest Wholaver said later, according to Scott Wholaver’s testimony in District Justice James Pianka’s courtroom. The Wholaver brothers are closely linked
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Suspect In Deaths Of Wife, 2 Daughters Is Arrested
January 3, 2003
The brother of a man accused of sexually molesting his two daughters was ordered held without bail on murder charges today in the Christmas Eve shooting deaths of the daughters and their mother, but said he was only driving the getaway car. Scott Wholaver, 28, of St. Benedict, told police that he drove his older brother, Ernest Wholaver, nearly halfway across the state from Cambria County in western Pennsylvania to
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Brother-In-Law Charged In Murder Of Dauphin County Family
January 3, 2003
The brother of a man accused of sexually molesting his two daughters was ordered held without bail on murder charges Friday in the Christmas Eve shooting deaths of the daughters and their mother, but said he was only driving the getaway vehicle. According to an affidavit, 28 year old Scott Wholaver of St. Benedict told police he drove his older brother, Ernest Wholaver, from Cambria County in to the house
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Police Get Confession In Christmas Triple Murder
January 3, 2003
Two Cambria County men are behind bars as police step up their investigation into the Christmas murders of a Dauphin County woman and her daughters. Police said the woman’s husband and his brother are behind the murders. One of them confessed to police, and now both of them are in jail, authorities said. The bodies of Jean Wholaver and her daughters — 15-year-old Elizabeth and 20-year-old Victoria — were found
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Wholaver Arrested In Sexual Assaults
December 27, 2002
A former Middletown man who authorities say is a suspect in the slayings of his wife and daughters was arrested last night by fugitive recovery agents fearful that he would skip bail on a pending sexual assault case. Ernest Wholaver, 42, has not been charged in the Dec. 24 slayings of his wife, Jean, and their daughters, 15-year-old Elizabeth and 20-year-old Victoria. Authorities have said he is “a suspect.” At
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Father Is Questioned In 3 Deaths
December 27, 2002
A man facing charges that he had molested his two daughters was questioned and then released by police yesterday in the shooting deaths of the sisters and their mother in their Middle town home. Ernest Wholaver, 42, formerly of the 800 block of North Union Street, Middletown, does not face any charges in the deaths of his wife, Jean Wholaver, and his daughters. Victoria and Elizabeth Wholaver. Authorities said they
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Police Want To Question Estranged Husband In Deaths
December 26, 2002
A Middletown mother and her two daughters were shot execution style in their home on the 800 block of North Union Street, prompting police to seek their estranged husband and father who had recently been accused of molesting the girls, authorities said last night. Dauphin County District Attorney Edward M. Marsico Jr. said late yesterday that police were seeking Earnest “Earnie” Wholaver for questioning in the deaths of his wife,
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Mother, Daughters Slain In Middletown
December 26, 2002
They had changed the locks and thought they were safe. Jean Wholaver of Middletown and her two daughters, Victoria, 20, and Elizabeth, I5, were finally free from the husband and father that the girls had accused of sexually abusing them. Neighbors said they were astounded at the strength and bravery of the youngest girl, a sophomore at Middletown High School who all her friends called Izzy. “She got up there
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L. Paxton Man Found Not Guilty of Kidnapping Found Guilty of Assault, Holdup at Mall
October 9, 2002
“This is a brave woman who resisted,” McShane said.
Stabbing Suspect’s Statement Suppressed
July 11, 2002
Most of the evidence against a Harrisburg man accused of stabbing another man to death has been thrown out because a prosecutor failed to produce a medical expert in court. Dauphin County Judge Lawrence F. Clark Jr. startled Chief Deputy District Attorney Sean M. McCormack by suppressing the bulk of the case against Martin “Man-Man” Sawyer. Sawyer is charged with fatally stabbing Tarrei “Baby” Osborne, 19, in August 2002. The
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