Schuylkill County court
The Dec. 22 session of criminal court at District Judge Stephen Bayer's office went fairly fast as all but one of the defendants elected to waive their preliminary hearings to the Schuylkill County Court level. The lone exception was due to the defendant failing to appear for his hearing.
John R. Muffley Jr.,35, of 215 Brown St., Tamaqua, was scheduled to be in court on charges of aggravated assault on a child under the age of 6, simple assault and harassment. Tamaqua Cpl. Henry Woods filed the charges in connection with an incident on Sept. 25, 2015, when Muffley allegedly struck his 4-year-old stepson hard enough to cause significant bruising to the boy's lower back, buttocks and left leg. Muffley claimed the bruises were caused by other children, who were "hitting each other with a plastic shovel, a plastic rake and a broom stick." Medical professionals disputed that theory after the victim was treated at St. Luke's Miners Emergency Room in Coaldale.Muffley posted the $10,000 percentage bail imposed by Judge Bayer at his arraignment on Nov. 11.Edward Leonard Rivera Jr.,30, of 214 Race St., Tamaqua, had three cases scheduled before the judge, all drug related.Rush Township patrolman Bradley Hess charged Rivera with possession of a controlled substance, possession of drug paraphernalia, driving with a suspended license and operating a vehicle without a valid inspection. The charges stem from an Aug. 26, 2015, incident.Tamaqua Police Chief Richard Weaver filed charges of possession of drug paraphernalia against Rivera for two different dates, Oct. 10 and Nov. 16, 2015.Recognizance bail was set for Weaver's charges, while the charges filed by Hess warranted a $1,000 straight cash bail amount.Rivera was unable to post bond and was lodged in the Schuylkill County Prison in Pottsville.Tyrell James Rucker,25, of 12 S. Greenwood St., Tamaqua, waived his preliminary hearing on charges of forgery and attempting to acquire a controlled substance through fraud/deception. The charges were filed by Tamaqua patrolman Corey Herring after Rucker took a prescription form to a Tamaqua drugstore on Oct. 29, 2015. The pharmacist noticed the writing appeared to have been altered, making it illegible. Rucker said the prescription was for oxycodone, claiming his doctor had mistakenly written the script for Celexa, then changed it to oxycodone when he realized his mistake. The physician confirmed the prescription was for Celexa.Rucker remains free on $5,000 bail.Tyler Kostak,25, of 8 Rhume St., Nesquehoning, faced charges of possession of a controlled substance with intent to deliver and possession of a controlled substance. The charges were filed by the office of the Attorney General in connection with a Nov. 2, 2015, incident.State agents spotted Kostak entering and exiting a property in Reading, then driving to Tamaqua where borough police initiated a traffic stop. Officers seized 140 packets of heroin from under the passenger seat and three packets from a cigarette pack in the front seat. Street value was estimated at $2,145.Kostak was unable to post 10 percent of the imposed $50,000 bail and was returned to the Schuylkill County Prison.Brad Sutton,37, of 748 N. Forest Drive, Allentown, was charged with possession with intent to deliver, four counts of possession of a controlled substance and driving with a suspended license. The charges were filed by Tamaqua patrolman Anthony Stanell after an Oct. 27 incident.Sutton was released on $50,000 unsecured bail.Nicholas J. Harris Jr.,40, of 312 E. Abbott St., Lansford, is the defendant who didn't appear in court. He was charged with retail theft, receiving stolen property, driving with a suspended license, driving without a license and criminal mischief. The charges were filed by Rush Township patrolman Douglas Litwhiler after an Oct. 14, 2015, incident.A warrant was issued for his arrest.