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 against Frank Swartz and Samantha Swartz through Magisterial District Judge Jaqueline Leister’s office on March 21.
Attorney Justin McShane is representing all three Swartzes on their respective charges. “The district attorney has already conceded that the case is appropriate for Accelerated Rehabilitative Disposition,” McShane said. “At the conclusion of the ARD program, the Swartzes will have their original charges dismissed and their records expunged.”
“Everyone … understands that the Swartzes were faced with an impossible panic situation that led them to make a rash decision, inspired by love and not one based upon cool, reflective thought,” McShane said. “The ARD disposition is the just and right call by the DA.”
When charges against Frank Swartz and Samantha Swartz were filed, District Attorney Ken Mummah said he did not feel the community would be served if either of them went to prison. Mummah said he agreed with McShane that the ARD program was more appropriate in this case.
Both Frank Swartz and Samantha Swartz are scheduled to appear June 6 for their formal arraignments in the Juniata County Court of Common Pleas.
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