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Carbon man admits to assault charge

A Carbon County man admitted in the county court on Thursday to assaulting an elderly man and damaging his cellphone.

Charlie Price, 40, of Nesquehoning, appeared before Judge Steven R. Serfass to enter pleas to simple assault and criminal mischief. In exchange for the pleas, another simple assault charge, terroristic threats, harassment and tampering with evidence were dropped by the district attorney’s office.

Price was charged for an incident on June 21, 2019, in the Lake Hauto area of the borough. Police said Price got into a confrontation with the president of the Lake Hauto Club, which supervises the development. The victim, who is 89, said he was taking photos of a vehicle on Price’s property which he had promised not to park on the property in violation of a club rule.

During the confrontation the victim told police that Price grabbed him by the neck and then grabbed his cellphone and threw it to the ground. Assistant District Attorney Brian Gazo, who prosecuted the case, said the victim did not appear at the plea proceeding out of fear for the COVID-19 pandemic and his advanced age.

After Serfass accepted the pleas, he gave Price and his attorney, Joseph P. Naha Jr., an opportunity to speak. Both blamed the victim for what happened with the defendant claiming the victim had “it in for him.” He said the bad feelings between him and the victim goes back 10 years. Nahas also attempted to blame the victim and asked the court to impose only a fine and no probation period, alleging that by having his client on probation it would give the victim the opportunity to harass Price.

Gazo took exception to the remarks, telling the court that Price had admitted assaulting the victim and damaging his phone. He said instead of offering remorse, the defendant is trying to blame the victim. Gazo said he negotiated the plea agreement in good faith and believed that the defendant show remorse.

Serfass rejected the probation request. He sentenced Price to serve one year probation on each count with the terms running consecutively. He also ordered Price to have no contact with the victim, make restitution of $773.77 to the victim, supply a DNA sample, par court costs of about $1,000, pay a $50 per month supervision fee while on probation and supply a DNA sample.