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Man convicted of threatening DA, judge

An Albrightsville man was convicted by a Carbon County jury panel Tuesday of threatening Carbon District Attorney Jean A. Engler and Judge Joseph J. Matika following a one day trial.

John Jacob Wasyliw, 52, was found guilty of two counts each of terroristic threats and harassment. Wasyliw was charged by state police at the Fern Ridge barracks for making threats against the two county officials during a phone call he made to the county office of Children and Youth last year.Because the threats involved the top county prosecutor and a county judge, the prosecution of the case was taken over by the Attorney General's office, and Senior Judge John Rufe of Bucks County was assigned to hear the matter.Wasyliw never testified at the trial.Jill Geissinger, a caseworker at the children and youth office, testified she received a phone call on June 19, 2015, in the afternoon from Wasyliw. Geissinger said she had been the caseworker for Wasyliw concerning issues with his son and daughter since 2009.In that phone call Geissinger said Wasyliw was yelling, screaming and using curse words concerning an investigation into an alleged criminal offense committed against his daughter.Geissinger said Wasyliw was agitated about the handling of the investigation and felt it was taking too long. She added that Wasyliw said at the beginning of the phone call that he was calling because he was upset about a letter he received indicating a suspect in his daughter's case was being paroled from jail. The suspect is in jail on another case and was not scheduled for parole until September.She also testified that during the call, while she was speaking with his wife, Tammy Scott, she heard a gun shot go off.Wasyliw returned to the phone and admitted firing a weapon. She also said Wasyliw said he had "20 rounds" and would use them against those involved in the investigation.Geissinger said she knew he meant Engler and Matika because of prior conversations with the defendant. She said she felt Engler was threatened because of the criminal investigation involving Wasyliw's daughter and Matika, because he had handled court proceedings involving Wasyliw's son in court.Geissinger said she notified Engler of the call.Engler testified she became aware of the allegation concerning Wasyliw's daughter and it was assigned to assistant District Attorney Joseph Perilli.She said after the call from Geissinger he became concerned about the threats and felt that a conflict of interest occurred. She turned the case over to the state Attorney General's office. She added that the AG office recently decided not to prosecute the matter.Trooper Eric T. Porpiglia, prosecutor in the case, testified he received the case concerning the threats on that Friday. A few days later, on Monday, he said Wasyliw appeared at the barracks unannounced and wanted to speak to him.Porpiglia said Wasyliw said he heard he was going to be arrested and wanted to tell his side of the story.He said Wasyliw admitted making the phone call to Geissinger and firing a gun in the air during the call. Porpiglia said Wasyliw told him he never meant to harm anyone; he only wanted to get the attention of those involved in the investigation of his daughter's case.Porpiglia said Wasyliw said he "was intending to cause people to do their job."Porpiglia said Wasyliw mentioned Engler and Matika.Later Porpiglia got a search warrant for Wasyliw's home and seized a 30-30 rifle and other weapons. Wasyliw had admitted the rifle was the weapon he fired during the call and said he wanted to turn the gun over anyway.The lone defense witness was Scott, who admitted the call was made. She said she and Wasyliw were upset when they received the letter concerning the suspect in the daughter's case would be released on parole. She also claimed she never heard her husband mention the names of Engler and Matika or make any threats during the phone call.She also said Wasyliw was only "testing" the gun. Under cross-examination she said that the suspect in the daughter's case was not going to be released until sometime in September.Defense attorney Michael F. Niznik made a motion at the conclusion of the commonwealth's case to have the charges dismissed because the threats were not made directly to Engler or Matika but only assumed to be by Geissinger.Deputy Attorney General Bernard A. Anderson, who prosecuted the case for the commonwealth, argued that the law does not require that the threat be made directly to the victim, but can be made through a third party, in this case, Geissinger.Rufe denied the motion.Rufe ordered the adult probation department to prepare a presentence investigation report and set sentencing for Sept. 21. Wasyliw remains free on bail.