Three area men among 12 to have criminal charges dropped
Three area men were among 12 defendants who had criminal charges brought against them dismissed in Schuylkill Count\y court on motions by District Attorney Karen Noon Byrnes to nolle prosequi (a formal motion of abandonment or prosecution of all or parts of a an action). However, the court ordered all costs to be paid by the defendants.
Gary D. Nureck, 55, of 335 Rowe St., Tamaqua, was cited by the late Tamaqua Officer Matthew Bynon, on July 14, 2011, when stopped in the 400 block of North Railroad Street and was charged with driving under the influence (DUI) of drugs, possession of drujg paraphernalia, and careless driving.
Byrnes made the motion to dismiiss the charges on grounds the arresting officer passed away before the case was able to be brought to trial. Judge Cyrus Palmer Dolbin granted the motion.
President Judge William E. Baldwin granted the motion to nolle prosequi in the following cases:
Nicholas John D'Angelo, 22,of 334 Pine St., Tamaqua, charge of defiant trespass on private property at 12 W. Broad St., last Nov. 12. The motion was for prosectorial discretion because all juveniles cited had the charges withdrawn and the Commonwealth's victim failed to appear at the preliminary hearing before a district magistrate. D'Angelo was cited by Patrolman Michael Hobbs.
David Timothy Osenbach II, of 12 Log Lane, Andreas, West Penn Township, charge of receiving items from a garage at 1884 West Penn Pike, New Ringgold, dismissed on grounds of prosecutorial discretion.
Kirk W. Oldt, 48, of 231 Market St., Tamaqua, had the charges of simple assault and harassment dismissed because the victim, Sam Nce, has received full restitution and did not wish to continue to prosecute. Oldt was cited by Tamaqua Patrolman Anthony Stanell last March 14 after an altercation at the Happy Endings Bar.
Benjamin Lee Neidlinger, 19, Minersville, had charges of statutory sexual assault, corrupition of minors, and indecent assault dismissed for prosecutorial discretion. The incident arose from a commmunication with the victim on facebook. He was cited by Pottsville Patrolman John H. Mohl.
Pamela Ann Maley, 40,Pottsville, had charges of forgery and credit card fraud dismissed as the victim reported restitution was made and didn't want to prosecute. Maley was cited by Cass Township Cpl. Danielle Mowery. The victim was Belle Grigalons, 37 Sjpring Drive.
Scott Allan Wise, 34, Minersville, had charges of hindering apprehension of a person wanted by police were dimssed because the Commonwealth cannot provide elements of the charge.
Krystal Lyn Hill, 31, Schuylkill Haven, had charges of forgery and passing a bad check nolle prosequi as the victim was agreeable to charges being dismissed.
Peter L. Birster, 46, Locust Gap, had charges of DUI of alcohol dismisssed because Butler Township Chief Edward Tarantelli, notified the district attorney the prosecting officer, Patrollman Anthony Galla, would not be representing the township.
Robert Allen Hamm Jr., 30, Minersville, had charges of simple assault and harassment dismissed as the victim,Theresa Competus, Minersville, did not wish to prosecute based on defendant completing the anger management program.
Dean Lamar Dubois, 32, Joliett, Tremont Township, had charges of simple assault and harassment dismissed because the victim, Sarah Elizabeth Harrity. Joliett, did not wish to prosecute.
Joseph Michael Kosmisky, 27, Frackville, had charges of theft dismissed as the victim, Alicia Kowker, Frackville, did not wish to prosecute because restitution for damages to her car were paid.