Hearings continued in home invasion case

Preliminary hearings were continued today for two men accused of holding a German Township couple at gunpoint in their home and robbing them May 18.
Joshua Allen Hice, 28, of 9 Hicks St., Fairchance, was charged last week before Magisterial District Judge Randy S. Abraham with robbery, burglary, recklessly endangering another person, criminal mischief, criminal conspiracy to commit robbery, theft, simple assault and terroristic threats.
His alleged co-conspirator, Phillip Clyde Smith Jr., 28, of Searights, also was charged before Abraham with two counts of criminal conspiracy to commit robbery, burglary, criminal conspiracy to commit theft and theft for his role in the home invasion.
For more information, see Josh Krysak’s story in Friday’s newspaper.

Judge recommends dismissal of suit against Uniontown officers

PITTSBURGH — A federal judge has recommended the approval of a summary judgment and dismissal of a lawsuit filed against the city of Uniontown and three city police officers.
In 2006, Russell Brooks filed the suit claiming Uniontown officers Donald M. Gmitter, Jonathan Grabiak and Michael Garrow Sr. pursued a false charge against him for an alleged threat he made during a call to Fayette County 911.
On Wednesday, U.S. Magistrate Judge Lisa Pupo Lenihan recommended approval of a motion by the city and Uniontown police following a review of the case.
According to court records, the suit was filed after an incident at Brooks home on Mount Vernon Avenue in 2004.
See Josh Krysak’s story in tomorrow’s Herald-Standard for more information.

Charges withdrawn against Uniontown man

All charges filed against a Uniontown man accused of robbing a Brownsville woman at a home on Copper Street early Saturday were withdrawn today.
Demetrius A. Owens, 20, had been charged before Magisterial District Judge Randy S. Abraham with robbery, theft, aggravated assault, simple assault and criminal mischief for his alleged role in a home invasion in North Union Township.
However, at a preliminary hearing held today before Magisterial District Judge Wendy D. Dennis, the charges were withdrawn by county prosecutors.
According to officials, the charges were withdrawn because the State Police Crime Lab in Greensburg is still processing evidence from the home invasion.
For more information, see Josh Krysak’s story in tomorrow’s Herald-Standard.

Fire department cited for violations

A preliminary hearing was continued today for a Masontown woman accused of assaulting a state police trooper during her arraignment earlier this month.
State police said Janet Dorothy Burge, 66, of 2226 McClellandtown Road was charged before Magisterial District Judge Wendy D. Dennis with aggravated assault and simple assault after she allegedly struck Trooper Heather Clem in the face during her arraignment on drunken driving charges May 11.
According to Trooper Michael Irwin, the assault occurred as Burge became upset and combative when learned she would be going to prison if she could not post bond for the DUI case.
She allegedly struck Clem in the face and caused multiple injuries.
During a preliminary hearing last week, Magisterial District Judge Joseph M. George Jr. bound the DUI charges filed May 11 against Burge to Fayette County Court.
Following the preliminary hearing, she was remanded to the Fayette County Prison on a combined $12,500 straight cash bond.
A new hearing date has not been set.

Hearing continued for man charged in drug case

Two preliminary hearings were continued today for a Uniontown man accused of assault and possession of drugs with intent to deliver in two separate cases from last year.
Uniontown police Detective Donald M. Gmitter and Fayette County Detective Lawrence Curry extradited Alfonso Pugh, 21, last week from the Stark County Prison in Ohio to Fayette County for arraignment on two warrants.
Gmitter said Pugh was charged May 21 before Magisterial District Judge Randy S. Abraham for charges related to a domestic violence case as well as multiple felony charges stemming from the drug case.
Abraham set bond at $25,000 straight cash in each case, Gmitter said.
Pugh remains the Fayette County Prison to await preliminary hearings.

Hearing continued for Dunbar man

A preliminary hearing for a Dunbar man accused of robbing the Dairy Mart in Dunbar Township earlier this month was continued today.
Joshua L. Hall, 22, of Dunbar was charged before Magisterial District Judge Randy S. Abraham with one count of robbery following the incident, which occurred around 7:30 p.m. May 17.
Police said Hall and another man entered the store on West Crawford Avenue and acted as if they were going to purchase tobacco.
While one of the men was initiating the sale, the other man reached around the counter and grabbed a handful of $10 bills from the cash register when the clerk opened it to complete the transaction.
Police did not indicate what role Hall allegedly played in the robbery.
Hall remains in the Fayette County Prison on $50,000 bond.
A preliminary hearing will be held at a later date before Magisterial District Judge Dwight Shaner.

Hearing continued for Uniontown man

A preliminary hearing was continued today for a Uniontown man charged with attempted homicide and several other charges in two incidents that occurred in Uniontown last year.
Glenn Michael Shuford Jr. is charged with two counts each of criminal attempted homicide, aggravated assault and recklessly endangering another person as well as single counts of terroristic threats and carrying a firearm without a license in two shooting incidents that occurred in July.
Shuford is also charged with simple assault, harassment and terroristic threats following an altercation with his former paramour in September.
The hearing has been rescheduled for June 24 in Uniontown.

Federal judge stayed $1.1 million attorney fee payment

A federal judge in Pittsburgh has stayed the payment of $1.1 million in attorneys’ fees to the lawyers who represented the father of a 12-year-old Uniontown boy shot in 2002 by state police.
U.S. District Judge Joy Flowers Conti issued the order staying the payment on Thursday because an appeal of the $28 million verdict awarded to Michael Hickenbottom is under appeal.
Hickenbottom’s son, Michael Ellerbe, was shot and killed by state police as he fled from them on Dec. 24, 2002. Earlier this year, a civil jury found that Cpl. Juan Curry and Trooper Samuel Nassan used excessive force when Nassan shot Ellerbe in Uniontown’s East End.
Ellerbe was fleeing from a stolen sport utility vehicle, and police said he ignored repeated requests to take his hand from his pocket, leading them to believe he may have a weapon.
Curry testified the he tried to jump over a fence to continue chasing Ellerbe, and his gun caught on the top and discharged. The shot, combined with Curry falling over the fence, led Nassan to believe that Ellerbe had shot Curry.
Nassan fired a single shot that killed Ellerbe.
Hickenbottom’s attorneys, however, argued that police covered up what really happened, and sought to protect the men.
The verdict is currently under appeal to Conti.
Attorney Andrew Fletcher, who represented Curry and Nassan at trial, has argued that despite Conti dismissing a cover-up claim, attorney Geoffrey Fieger argued it anyway. Fieger and three other lawyers asked Conti to award them payment for the thousands of hours spent on the case, as well as for other expenses, like transportation and expert witnesses.

For more information, see Jennifer Harr’s story in tomorrow’s Herald-Standard.

Hearing continued for man accused of molesting boy

A preliminary hearing for an Allison man accused of sexually assaulting a 10-year-old boy in Redstone Township in December was continued Thursday.
James William Showalter, 26, was charged last week before Magisterial District Judge Michael Defino with involuntary deviate sexual intercourse, indecent assault, unlawful contact with a minor and corruption of minors for the alleged assault that occurred Dec. 23.
According to the criminal complaint filed in the case by Trooper Joseph W. Panepinto, the alleged assault occurred while the boy was staying the night at Showalter’s residence.
The Herald-Standard does not identify the alleged victims of sexual assault.
Showalter remains free after posting $10,000 bond.
A new hearing date has not been scheduled.

Two charged in German Township home invasion

State police have filed multiple charges against two men accused of holding a German Township couple at gunpoint in their home and robbing them Sunday afternoon.
Joshua Allen Hice, 28, of 9 Hicks St., Fairchance was charged today before Magisterial District Judge Randy S. Abraham with robbery, burglary, recklessly endangering another person, criminal mischief, criminal conspiracy to commit robbery, theft, simple assault and terroristic threats.
His alleged co-conspirator, Phillip Clyde Smith Jr., 28, of the Village of Searights was also charged before Abraham earlier in the week with two counts of criminal conspiracy to commit robbery, burglary, criminal conspiracy to commit theft and theft for his role in the home invasion.
Both men were placed in the Fayette County Prison on $250,000 straight cash bond, Abraham said.
For more information, see Josh Krysak’s story in tomorrow’s Herald-Standard.