Two state constables, charged with abuse of power by Hazleton Police, have had all the charges filed against them dismissed.

Constables David Kneller of Lebanon County and John “Jack” Sarge of West Penn Township were notified on Friday that Luzerne County First Assistant District Attorney Samuel M. Sanguedolce found issues with the credibility of the witnesses’ testimony in the case. The charges were filed by Lt. David Bunchalk of the Hazleton Police Department in connection with an April 10, 2017, incident, when the constables were executing arrest warrants in the city.

Sanguedolce cited the lack of “mens rea” and the credibility of the witnesses, Bunchalk and two women picked up on warrants by the constables that day, as the reasons for not going forward with the case. “Mens rea” goes to a defendant’s state of mind and intent.

According to the complaint filed by Hazleton Police, the two constables were charged with harassment, conspiracy and official oppression in June of last year.

It started on April 10 according to the affidavit, when Kneller contacted the office of District Magisterial Judge Anthony Zola for copies of the summary warrant for a woman he already had in custody. Hazleton Police were contacted as the usual route for Zola for executing a warrant is for the constable or police officer to have a physical copy of the warrant in hand when making the arrest.

Unable to get a copy of the warrant from Zola’s officer, the constables went to the Hazleton Police Department. By that time, they had a second woman in custody, wanted on warrants issued by Zola and by a Schuylkill County district judge.

One of the women was transferred to the custody of Hazleton Police, while the other was transported, by Kneller and Sarge, to the Schuylkill County magistrate. Hazleton Police followed, taking the second woman into custody after her hearing. She was transported to Zola’s office to answer to his warrant.

The constables, according to the affidavit, made statements considered to be sexual in nature while the women were in their custody.

Sanguedolce, in his dismissal of the charges, noted all three witnesses made statements contradicting each other.