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Lehigh County man who assaulted deputy given state prison time

A Lehigh County man, who assaulted a Carbon County deputy sheriff at the courthouse, was sentenced to a state prison term on Tuesday after pleading guilty to a resisting arrest charge.

James Rodney Schwoyer, 34, who has listed Allentown and Lansford addresses, entered his plea before Judge Steven R. Serfass.

Schwoyer was arrested on Nov. 6, 2018. He was in the county court to be sentenced on a driving under the influence charge. President Judge Roger N. Nanovic II sentenced him to serve 15 to 60 months in a state prison. Schwoyer became upset with the sentence, and after being led out of the courtroom he struggled with sheriff deputies and refused to cooperate with them.

The struggle continued, and during it deputy Daniel McLean was injured and had to undergo medical treatment and continues with treatment.

Defense attorney Eric J. Filer, court-appointed, said his client became upset because he received a sentence different from what he thought he was going to get. He said he let his emotions get the best of him.

Schwoyer tried to dispute that he assaulted anyone, but Serfass said he was pleading to the resisting arrest count not assault. In exchange for the plea, charges of aggravated and simple assault were dropped.

Schwoyer’s plea was done via video from the state correctional institution at Camp Hill, Cumberland County, where he is serving the DUI sentence. He said he has served 18 months so far, three months past his minimum. He claimed the assault case has held him in prison pending it being resolved.

Serfass sentenced him to serve six to 24 months in a state prison and ordered he get a drug and alcohol evaluation and make restitution to the victim for $500 and pay court costs of about $1,000.

The term runs concurrent with the DUI case.