New Castle man arrested after threats

New Castle man arrested after threats

Tuesday, January 27, 2009

Pittsburgh Post-Gazette

A New Castle man faces a string of charges, including aggravated assault, after he doused a woman's clothing in gasoline, then threatened to ignite and kill her, then burn down his home, state police said yesterday.

Jeffrey Raymond Burkey, 37, then fired a 12-gauge shotgun twice as the 43-year-old woman ran from the house, police said. When Mr. Burkey learned that the woman had called police from her cell phone, he fled in his car, leading troopers on a short chase before his arrest.

Mr. Burkey was charged with reckless endangerment, terroristic threats, simple assault and harassment in the Thursday night attack. He was in the Lawrence County Jail on $100,000 bond.

First published on January 27, 2009 at 12:25 am

http://www.post-gazette.com/pg/09027/944799-100.stm#ixzz0HerfnlCt&D

New Castle Man Arrested For Purse Snatching

NEW CASTLE (KDKA) - A New Castle man is behind bars today accused in two purse snatching incidents and stealing a car.

Officials say it all started when 36-year-old Robert Hilke allegedly stole a purse from a woman at a Giant Eagle parking lot.

State Police arrested Hilke on Saturday in Lawrence County in a separate incident after he allegedly grabbed Valerie Mayfield's purse out of her shopping cart in a Wal Mart parking lot.

Authorities say he drove off at a high speed that eventually ended in vehicle crash.

Police report that Hilke hit a car at a stop sign at the intersection of West Washington Street and continued speeding until his vehicle went airborne and struck a railroad sign.

Hilke suffered a cut to his face and a female passenger in his car was uninjured.

Charges are pending in the Wal Mart incident and traffic crashes.

http://kdka.com/topstories/New.Castle.Lawrence.2.387004.html

Woman Accused Of Robbing Lawrence County Bank With Gun

UNION TOWNSHIP, Pa. -- A man and a woman suspected of robbing a bank in Union Township, Lawrence County, are in custody, state police at the New Castle barracks said.Betty Jo Buteria, 40, and Gregory Lee Wilmouth, 51, were arraigned Tuesday on robbery charges in connection with a hold-up at First Merit Bank on West State Street. Police said a woman, who they believe is Buteria, showed a black semiautomatic pistol during the robbery Saturday. No injuries were reported.Buteria and Wilmouth, both of Edinburg, are being held on $100,000 bond each.

http://www.thepittsburghchannel.com/news/18477166/detail.html

CONVICTED: Stewart guilty of criminal conspiracy

Kailin Stewart was convicted yesterday of criminal conspiracy in the Feb. 12, 2005, shooting death of Carmen Oliva.

A jury of eight men and four women who found him guilty acquitted Stewart of first-and third degree murder charges in the case.

Stewart is to be sentenced on the conspiracy conviction in 90 days.

With homicide charges no longer pending, defense attorney Michael Frisk asked that bond be set for his client.

Stewart soon will be eligible for parole in a separate illegal gun possession conviction, for which he is currently incarcerated in a Greene County state prison, Frisk said.

He asked that Stewart be allowed to stay in the Lawrence County jail until he is sentenced.

Lawrence County Common Pleas Judge Thomas Piccione, the presiding judge, said he would make the request.

District Attorney John Bongivengo requested Stewart’s bond be set at $250,000, and Piccione set it at $200,000. He also denied Frisk’s motion for acquittal.

Frisk reiterated his argument, that the “mere presence or knowing that a crime was committed” is not enough for a conspiracy conviction and that the commonwealth had not met its burden of proving its case beyond a reasonable doubt — especially in light of the jury’s not guilty verdicts on the murder charges.

Bongivengo, who prosecuted the case, took exception.

“There was enough evidence for the conviction,” he said. “Conspiracy does not have to be spoken, but in this case it was. We had (Stewart) saying ‘We’re going to take care of it.’ And a relationship — a father and son. That was enough evidence, albeit circumstantial.”

Piccione said he had deferred acting on the defense’s motion, but decided let the verdict stand.

Both attorneys said they had anticipated the verdict.

“I expected convictions on the murder charges, but I’m satisfied,” Bongivengo said. “We had the evidence.”

He also said he did not believe the six-month break between the start and conclusion of the trial adversely affected the outcome.

They jury was attentive. Earlier testimony was read to them. They took notes. They were interested.”

Frisk said he is happy with the dismissal of the murder charges, but said he plans to appeal the conspiracy conviction.

“I believe I have a good basis for appeal,” he said. “In my six and one-half years defending cases, I have never had a judge reserve a ruling on an acquittal request until the end of the trial,” he said. “They are usually denied immediately.”

He said he believes the delay might have hurt his case.

“The testimony was read to them, but as good as she was, Mary Beth Thomas (who read the parts of the witnesses) did not convey the spaced-out essence of Trucker Bob,” he said.

Piccione thanked the jury members for their “extraordinary participation.

“You were fair and attentive, took your time and looked at the facts,” he told them. “Our society and democracy would not exist without sacrifices people are willing to make.”

The trial began June 11 but was recessed for six months after only two days of testimony. Bongivengo had filed an appeal with the Pennsylvania Superior Court after Piccione ruled the commonwealth could not use an un-Mirandized statement Stewart had made to prosecutors.

The appeals court upheld Piccione’s ruling in December, clearing the way for the trial to resume.

To refresh everyone’s memories, portions of the June trial testimony were read to the jury Monday morning.

Testimony was concluded Wednesday. Both attorneys argued their points of view and the case went to the jury just after noon.

The jury was excused around 5 p.m. when potentially icy road conditions developed. They resumed deliberations at 9:30 a.m. yesterday, and reached a verdict at 11 a.m.

http://www.ncnewsonline.com/archivesearch/local_story_009100121.html

Man shoots woman in Russian roulette gone wrong, cops say

Eric Poole, Ledger Staff

01/08/2009

NEW CASTLE - A 21-year-old man is accused of shooting a New Castle woman Wednesday night in what police called a game of Russian roulette gone wrong.
Tyler Lloyd Culver-McMillan was charged Thursday in the shooting of Nicole Duddy at her home, 1148 Crestview Gardens, around 6 p.m. Wednesday.

Culver-McMillan has no known address, according to documents filed by New Castle police with the office of District Judge Melissa Amodie.

According to the court documents, officers were called to Duddy's home immediately after the shooting. At that time, police said she was bleeding from her left buttock and complaining of abdominal pain. Officers did not find an exit wound for the bullet.

Duddy told police an unknown man had come into her home and tried to rape her before shooting her. Based on a description provided by Duddy, police apprehended a man who said he was Dajuan Walker, although officers were unable to verify that identity.

New Castle police said that they were preparing to interrogate Walker when Lawrence County's 911 center told them that Duddy wanted to talk to police again. In that conversation, Duddy changed her initial report.

Duddy told police that the attempted-rape report was false and that she had been in her apartment with two men, Culver-McMillan and a second man who was not charged, when Culver-McMillan began playing with a revolver.

Duddy said she told Culver-McMillan to put the gun away because she was concerned about her safety and that of her son, who also was in the apartment.

Police said Culver-McMillan responded by unloading all but one chamber of the revolver, spinning the chambers Russian roulette-style, and put the gun to Duddy's left buttock before pulling the trigger.

The gun discharged, injuring Duddy, and Culver-McMillan and the other man ran off. Duddy said she made up the rape story because she feared reprisals from Culver-McMillan's family, according to the court documents.

After talking with Duddy, police questioned the man who claimed to be Dajuan Walker and he admitted that he was Culver-McMillan. He was then arrested by police.

Duddy was taken to St. Elizabeth Health Center in Youngstown, Ohio. WPXI-TV (Channel 11) reported Thursday that Duddy was in critical but stable condition, but a spokeswoman for St. Elizabeth said the hospital had no
information on her treatment.

Culver-McMillan has been charged with aggravated assault, illegal firearm possession, carrying a firearm without a license, reckless endangerment, simple assault and harassment.

After arraignment before Amodie, Culver-McMillan was placed in the Lawrence County Jail on $250,000 bond.

http://www.ellwoodcityledger.com/site/news.cfm?dept_id=563781&newsid=20237656

IN COURT: Stewart case may go to jury today

By Nancy Lowry
New Castle News

The fate of Kailin Stewart could be decided by a jury today.

Or Judge Thomas M. Piccione could agree with court-appointed defense attorney Michael Frisk that the commonwealth has failed to prove its case and grant Frisk’s request for an acquittal.

Piccione said he will consider the request, but the case will continue.

Frisk will have his opportunity to present a case today. He said he may call one witness, but it will not be Stewart.

Both sides are prepared to argue their cases to the jury.

Stewart, 22, was charged with criminal homicide and conspiracy to commit homicide following the Feb. 12, 2005, death of New Castle resident Carmen Oliva.

Oliva died from multiple gunshot wounds to the head. His body was found in a car parked on West North Street near the Lee Avenue baseball field.

Ronald Gilmore, Stewart’s father, was convicted by a jury of criminal conspiracy to commit homicide, but acquitted on charges of homicide and illegal possession of a handgun.

He is serving a 17 1/2 to 35 year prison sentence.

COMMONWEALTH RESTS

Lawrence County District Attorney John Bongivengo concluded his case yesterday after some frustrating moments as witnesses changed or could not remember previous statements.

Frisk jumped on the opportunity, arguing that evidence presented by the commonwealth was “not substantial enough for this matter to go to a jury.”

On the criminal conspiracy charge, Frisk said, evidence must show a clear intent to commit the crime charged.

“Mere presence, association or family relationship does not establish conspiratorial agreement.” He also pointed out that witness testimony conflicts.

Yesterday’s prime commonwealth witness, Janel Hein, testified that many of her earlier statements — including that Kailin Stewart had shot Oliva — had been lies. She said she had been so strung out on alcohol and cocaine that she just made up things to say to the police — and to protect Gilmore.

“IT WAS HIS FATHER”

However, yesterday she testified that on Feb. 12, 2005, she, Gilmore, Oliva, Stewart and others were gathered at the Wallace Avenue apartment of Robert “Trucker Bob” Comaduran when she observed a gun in Stewart’s waistband. Following argument on the possibility Oliva was a snitch, Stewart and another man and Oliva and Gilmore left in separate cars.

Later, she said, Gilmore returned out of breath, blood-covered, smelling of alcohol and “all shook up.” She said he told her that he had killed Oliva, that he had shot him three times.

“(Stewart) had absolutely nothing to do with it,” she said. “It was his father.”

“Two cars left (the apartment) but Ronald Gilmore runs back, leaving the car at the scene with a dead man in it,” Frisk noted. “No one saw the other car. It is not reasonable that the car (containing Stewart) followed the other car to the scene.”

Frisk noted that even prosecuting officer Lt. Abram Smith offered the opinion that Gilmore pulled the trigger.

NO PHYSICAL EVIDENCE

“The commonwealth can’t put (Stewart) into the vehicle (with Gilmore and Oliva). There is no physical evidence placing him at the scene, no fingerprints, no witnesses. The only thing is (Hein) saw the top of a weapon. But that is not sufficient to send the case to a jury.”

Frisk added that Hein could not identify the type of gun it was or if it was the gun that was used as the murder weapon.

“They’re trying to tell the court that Kailin Stewart might have given this gun to Ronald Gilmore knowing that he was going to use it to commit a crime. The whole case is circumstantial evidence. There is nothing solid.”

Cherrelle Rice, Stewart’s former girlfriend, said on the witness stand she had been under pressure in 2005 to say she had gone with Stewart to his mother’s house and he left for 20 to 25 minutes about 6:30 p.m.

Yesterday she said the two had been together the entire evening.

Frisk characterized the commonwealth’s case as a “witch hunt.”

“The commonwealth is coming after (Stewart) because he refused to testify against his father,” Frisk said. “Based on what they’ve presented, you have no option but to grant an acquittal.”

Bongivengo admitted some of his evidence is circumstantial, but said he had provided evidence to prove Stewart was an accomplice in Oliva’s death.

CONSPIRACY CASE

“(Hein)... at Trucker Bob’s said Kailin Stewart was armed, there were arguments and threats,” Bongivengo said. “No one else had a gun.”

He also said he had presented a solid conspiracy case.

Kailin Stewart, he noted, was a drug dealer. Gilmore — Stewart’s father — had motive and opportunity to shoot Oliva and eliminate his son’s competition.

He added that based on Rice’s original statements to police, Stewart could have left at 6:30 p.m. that night, gone to the murder scene and been home by 7:30 p.m.

His final witness, Smith, testified that on Monday he drove from Stewart’s mother’s Beckford Street house, to Trucker Bob’s Wallace Avenue apartment to the Lee Avenue ball field and back to Beckford Street. The round trip was made in 19 minutes, he said.

Frisk rejected Bongivengo’s theory.

“You can’t infer the gun (Hein) saw was even a real gun,” he said.

Frisk added that names — including that of a confidential informant — were used through the trial by the commonwealth’s witnesses but those people, who Frisk said could have cleared up a lot of questions, were never called as witnesses.

“This does not deserve to go to the jury The commonwealth does not have a case here. This man deserves to be vindicated of these charges finally after six months.”

http://www.ncnewsonline.com/archivesearch/local_story_007093333.html

Pulaski man accused of sexual assault

Pulaski man accused
of sexual assault

Eric Poole, Ledger Staff

01/07/2009

NESHANNOCK TWP. - A Pulaski Township man is accused of repeated sexual assault of a girl over a seven-year period at multiple locations in Lawrence and Beaver counties.

State police said Randy Allen Lambright, 46, of 332 Maple Lane in Pulaski Township, Lawrence County, is accused of the assaults, which allegedly began in 1999, when the girl would have been no older than 7.

According to documents filed Monday by state police Trooper Janice Wilson with the office of District Judge Scott McGrath of Neshannock Township, Lambright forced the girl to give and receive oral sex, forced her to touch his genitals, and rubbed his genitals against hers.

Some of the incidents took place at Lambright's home in Pulaski Township, police said. Documents filed with McGrath's office indicated that Lambright has lived in Pulaski for three years.

Before that, he lived in Beaver County, but the court documents did not provide a previous address.

The attacks ended in June 2006, when the girl, then 13,
reported the incidents to an adult, according to the court documents, which did not indicate why charges weren't filed until two years after the allegations.

In the court documents, Wilson said Lambright again approached the girl in March, when he put his hand on her stomach and moved it under her clothing.

During an interview in October as part of the investigation, the girl told police that she recognized a "familiar look" on Lambright's face from when he assaulted her. On the occasion in March, though, she said she grabbed his hand and pushed it away.

Lambright has been charged with multiple counts of indecent sexual assault of a child younger than 16, indecent sexual assault of a child younger than 13, and single counts of indecent assault of a child younger than 16, endangering the welfare of a child, corruption of minors and simple assault.

The simple assault charge stems from an accusation that Lambright grabbed the girl by the hair and slammed her head into a wall, according to the court documents, although state police did not indicate when that happened.

After arraignment, Lambright was released on $20,000 bond
with the condition he have no contact with the girl.

http://www.ellwoodcityledger.com/site/news.cfm?dept_id=563781&newsid=20236659

HEARING: Orelli, others heading to court

Published January 07, 2009 09:16 am - Three men, including a former New Castle councilman, have waived their assault cases to court. A fourth man had his charges bound over for court following a preliminary hearing.

HEARING: Orelli, others heading to court


New Castle News

Three men, including a former New Castle councilman, have waived their assault cases to court.

A fourth man, Jonathan Reynolds, 28, of 1030 Adams St., had his charges bound over for court yesterday following a preliminary hearing before District Justice Jennifer Nicholson.

Preliminary hearings had been set yesterday in Lawrence County Central Court for all four. They were charged for allegedly assaulting a man Nov. 15 at the Sons of Italy Club at 905 Mill St.

Waiving their cases were former councilman Chester J. Orelli Jr., 29, of 1731 W. Washington St., Aaron M. Cangey, 21, of 120 W. Garfield Ave. and Andrew Reynolds, 21, of 1030 Adams St. They were charged with simple assault, harassment and disorderly conduct.

At the hearing for Jonathan Reynolds, Marty Yannarella testified that he had been attacked by four people, pulled into a closet “and beat up.”

Attorneys representing the four accused are Carmen Lamancusa for Orelli, Nick A. Turco for Andrew Reynolds, Bradley G. Olson Jr. for Jonathan Reynolds and the public defender’s office for Cangey.

Orelli resigned from council and from his position as an aide to state Rep. Jaret Gibbons of Ellwood City in September. Earlier, according to a presentment by a Harrisburg grand jury investigating the so-called Bonusgate scandal, Orelli testified under a grant of immunity.

In his testimony, he is said to have acknowledged performing political work while he was an aide to former state Rep. Mike Veon of Beaver County. Orelli received a $10,065 bonus, but was not charged.

http://www.ncnewsonline.com/topstories/local_story_007091919.html

Lawrence County man sentenced for blowing up house

By The Tribune-Review Wednesday, January 7, 2009

A Lawrence County man who admitted causing a house explosion in a failed suicide attempt has been sentenced to 7 to 14 years in prison.

Patrick Henry, 31, of New Castle, must pay $781,305 in restitution and will spend six years on probation after his release. He was sentenced Monday in Lawrence County Court for his November guilty plea to one count of arson.

Authorities say Henry unscrewed a natural gas line at his rental home Nov. 27, 2006. Henry was injured, as were about a dozen other people, including two friends who went to check on him when he missed work that day. Nearly four dozen homes were damaged in the blast.

Buggy driver was drunk, crashed into car, police say

by The Associated Press

Thursday January 01, 2009, 1:08 PM

State police say a western Pennsylvania man was drunk when he was driving a horse-and-buggy that collided with a car, killing the horse.

Joseph Byler, 19, of New Wilmington, Lawrence County, faces a preliminary hearing Feb. 2 on charges of underage drinking, drunken driving and running a stop sign.

Police say Byler failed to stop causing a crash Sunday in Wilmington Twp., about 50 miles north of Pittsburgh on Sunday evening. Police say the driver of the car suffered minor injuries.

http://www.pennlive.com/midstate/index.ssf/2009/01/buggy_driver_was_drunk_crashed.html