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Aggravated assault, other charges refiled

Aggravated assault and other charges - seven total - against a Coaldale man were refiled.

Tamaqua Police Chief Michael Hobbs said the charges were resubmitted Aug. 16.

Magisterial District Judge Stephen Bayer set $25,000 unsecured bail Aug. 19 during a preliminary arraignment. A preliminary hearing is set for noon Sept. 28 in Bayer’s courtroom.

Bayer withdrew the aggravated assault, simple assault and disorderly conduct charges. Aug. 10 at the request of Jeffrey Markosky, attorney for Timothy Morales Sr. after Tamaqua Police officer Karl Harig didn’t attend a preliminary hearing. Assistant District Attorney Jennifer Foose didn’t know why Harig didn’t show up and requested a continuance, but Bayer denied it, District Attorney Michael O’Pake said.

He said Harig didn’t notify those responsible, to his knowledge. O’Pake said Harig has never before not shown up when required.

Hobbs said previously Harig “wasn’t expecting it to be on that day.” He said Harig had other plans then and made arrangements for his other cases scheduled. He does not know if Harig knew about the date or if he attended the arraignment at the prison when Markosky was arrested. He had been in prison unable to post bail since July 26 but was released, court records show.

“There was no hearing notice issued that we could find,” Hobbs said.

An employee at Bayer’s office said the judge does not comment on cases.

Tamaqua Police on July 26 responded to Greenwood and Cedar streets for two people who had been assaulted, according to court documents. Harig charged Morales upon learning that he attacked two men after he was told to get off the porch. He then came back asking for marijuana.

The men believed Morales “had something in his hand like brass knuckles due to the extent of the injuries,” the affidavit reads.

A lot of blood was visible on the pavement, police said.

A description of Morales was provided with police locating him behind the Tamaqua his rise. Upon being seen by police, Morales said, “They came after me. I was defending myself.”

No weapon was found after a search of the area where Morales was apprehended.