Carbon man who admitted firing shots into neighbor's home to enter ARD program
A Carbon County man who admitted to firing several gun shots into his neighbor's home will have his case heard in Carbon County Court.
Daniel Kleintop, 38, of Lehighton, was scheduled to have a preliminary hearing Wednesday before District Judge Bruce Appleton of Palmerton on charges of discharge of a firearm onto an occupied structure, a felony three; criminal mischief, and two counts of criminal mischief, a misdemeanor two.Instead, the charges against Kleintop were waived in exchange for a stipulation to enter the Accelerated Rehabilitation Disposition (ARD) program at 9 a.m. Dec. 13.According to the affidavit of probable cause filed by Franklin Township Police Chief Thomas Beltz:On May 26, at about 4:07 p.m., Beltz received a radio transmission from the county Communications Center to respond to 1126 Main Road for a report of shots fired into a home, according to the affidavit.Upon arrival, Beltz said he met with the victim in this matter, John Picone, who related that the home was currently under construction and in the process of being remodeled, the affidavit says.Picone was in the home on May 20, and left sometime around 4 p.m. When he came to the home on May 26, he entered and found in the upstairs bedroom, located in the front of the home, several bullet holes in the outside wall, ceiling and inside wall. In the bathroom, facing the neighbor's home were more bullet holes located in the outside wall, ceiling and inside wall. One bullet was located on the floor.With the location of the bullets entering the home and lining up the marks on the ceiling to the outside wall, it appeared the bullets were originating from the neighbor's home, particularly from the upstairs window of the home.All bullet holes were located above two windows, which were both facing the neighbor's home. With the initial response complete, Beltz requested the state police forensic unit to process the scene.Interviews were conducted with neighbors in the immediate area, three of whom stated they heard shots fired, but none knew of the location where they were fired from or to or who fired them.The state police forensic unit processed the scene on June 7. Using the laser and matching it to the bullet holes, the laser identified the location from where the shots originated.There were several holes that lined up with the upstairs window of the neighbor's (Kleintop) home and there was at least one that lined up to the back deck of the neighbor's (Kleintop) home.On June 8, Beltz was driving past the Kleintop home and observed Kleintop outside in the driveway portion of the home. Beltz stopped and asked Kleintop if he knew something was going on at the home as he returned home during the time the state police were processing the home.Kleintop was informed he was not under arrest, but that Beltz wanted to talk to him about the incident. Kleintop agreed to sit in the police vehicle with Beltz, and they had a conversation about the shots into the neighbor's home. Kleintop stated he did not know anything about the incident, nor was he responsible.Beltz informed Kleintop of the location the shots originated from, and he stated sometimes he goes away and leaves the windows open, and that it was possible someone went into the home and committed the crime.Kleintop stated he has two weapons in the home; a 20 gauge shotgun and a 30-06 rifle. Neither of those weapons were responsible for the holes and the bullet that was found is a .22 cal. bullet.Kleintop stated that Beltz could see those weapons if he wanted to, as they were locked in a gun cabinet. Beltz informed Kleintop that he felt he was responsible for the crime, but he denied any involvement, at which time Beltz told Kleintop that if he were involved and he changed his mind, Beltz would listen to what he had to say. Again, Kleintop denied any involvement in the incident, and the conversation ended.About 40 minutes after the conversation with Kleintop, Beltz received a radio transmission from the county communications center to respond to the station to meet with Kleintop.This was done, and Kleintop and his wife appeared at the station, at which time Kleintop admitted he was the person responsible for the damages.Kleintop provided a written statement to that effect, and was informed charges would be completed on this matter.