A Carbon County jury panel found a Tamaqua man not guilty of indecent assault and furnishing alcohol to a minor following a trial that began Monday afternoon and ended with the verdict on Wednesday afternoon.

Marcello Russo, 44, was charged by Summit Hill police for an incident at his restaurant in the borough that occurred on Oct. 7, 2017, and reported on Oct. 8, 2017. Charges were not filed until Feb. 14, 2018.

A female employee, who was doing deliveries for the restaurant, told officer Brian Horos that Russo tried to kiss her and she pushed him away. He made a second attempt, grabbing her by the forearms pulling her into him and attempted to kiss her again. She pushed him away again and ran to the front of the kitchen area where there were other employees.

She said she finished doing cleanup work and put the broom she was using back. She further claimed that Russo once again advanced on her, this time putting his arm around her neck and pushing her. She said she broke free and Russo stated to her that she had to go into the basement portion of the restaurant with him. She stated as he was her boss she reluctantly went downstairs with him.

She also claimed Russo offered her some marijuana and gave her a cup with alcohol in it.

Denies allegations

Russo denied the allegations. He admitted he tried to kiss her once, and as he was doing so he said he realized that was not right. He also denied giving the girl alcohol, said there was no marijuana in his place of business and that he never went into the basement area with the girl.

He admitted sending a text message to the girl two days later stating, “sorry for the other day.” He claimed he sent that message after the girl did not respond to a message he sent the day prior asking if she wanted to work that night delivering.

He said the girl only worked for him the one night and that her sister had been working for him for some time and stopped after the allegations were made.

Both the girl and Russo said no other employees were around when he attempted to kiss her.

The commonwealth was represented by assistant district attorney Cynthia Ann Dyrda Hatton. Russo was privately represented by Paul J. Levy.

Judge Joseph J. Matika presided.

The panel of nine men and three women was selected Monday morning and the trial began Monday afternoon.