New Castle News
A Neshannock Township man stands accused of indecent assault for alleged inappropriate touching of a girl.
James Boalick, 82, of 2750 Old Plank Road, also is charged with corruption of a minor by the Neshannock Township police.
In their paperwork filed with District Judge James Reed, police claim Boalick touched the 9-year-old girl repeatedly at his home and other locations during the past year. The paperwork indicates Boalick admitted to the behavior when questioned by police.
Boalick was mailed a summons on the charges and was ordered to appear at a preliminary hearing June 6.
Pa. Death Row Inmate Acquitted at Retrial, Freed
A Pennsylvania man, convicted of brutally murdering a woman and three children, has been freed from death row after being acquitted at a retrial.
A jury in New Castle, Pa., found Thomas H. Kimbell Jr. not guilty Friday after a trial that lasted nearly two weeks.
Kimbell became the 101st person to be released since 1973 from death row after exoneration, according to the Death Penalty Information Center in Washington, D.C.
Kimbell, 40, a onetime crack addict, was convicted in 1998 of viciously stabbing to death a woman and three small children in a mobile home four years earlier in what prosecutors had portrayed as a drug deal gone bad.
Two years later, the Pennsylvania Supreme Court overturned the conviction and said Kimbell was entitled to a new trial because the judge had refused to permit jurors to hear evidence that raised doubts about his guilt.
Although Kimbell, who lived near the murder victims, became a suspect early on, he was not arrested until more than two years after the killings.
There were no eyewitnesses or physical evidence linking Kimbell to the crime.
The issue that led to the retrial involved the testimony of Marilyn Herko, who was the sister-in-law of murder victim Bonnie Dryfuse. In addition to Dryfuse, her daughters Jacqueline, 7, and Heather, 4, and Herko's daughter, Stephanie, 5, were stabbed many times and their throats were slashed on the afternoon of June 15, 1994.
At Kimbell's first trial, Herko was called as a defense witness and testified that she was on the phone with her sister-in-law shortly before the murders. She said that Dryfuse ended the call, saying, "I got to go, somebody just pulled up in the driveway."
Then, defense lawyer Thomas W. Leslie attempted to ask Herko about a statement she had earlier given to state police, saying that Dryfuse told her she had to end the call because her husband, Tom Dryfuse, was pulling into the driveway. The prosecutor contended that Leslie could not impeach his own witness and thereby suggest that Tom Dryfuse had been at the crime scene 40 minutes earlier than the time he told police he had arrived and found the bodies. The judge agreed with the prosecutor.
The state Supreme Court said there was "a significant difference" between the two versions. "Defense counsel's inability to cross-examine Herko regarding the statement" deprived him of the opportunity to establish that the husband "was at the scene of the murders during the time he claimed to be elsewhere.
Kimbell had maintained his innocence despite testimony from witnesses that he had been near the scene of the crime shortly before the murders and despite the testimony of several individuals, including three jailhouse informants, that he had admitted committing the murders.
At the retrial, jurors heard both versions of Herko's story. In addition, one of the jailhouse informants had died and a second recanted his earlier testimony, saying he had been pressured into giving it.
Defense lawyer Leslie said he was very pleased with the outcome because "I felt all along that the prosecution did not have a good case to begin with. I think it's always questionable to use jailhouse informants because they are usually looking for something, and that creates an incentive for the inmate to make up a better story."
Anthony J. Krastek, Pennsylvania's senior assistant attorney general, said he was very disappointed in the outcome and still believes that Kimbell was the murderer. Krastek, who was the lead prosecutor at both trials, said that Kimbell had told people details of the crime that only the murderer could have known.
Lawrence County Dist. Atty. Matthew Mangino said his office would reopen its investigation of the case.
"There may not be anything more that we can do
LAWRENCE COUNTY DRUG RAID
LAWRENCE COUNTY DRUG RAID Arrest warrants have been issued for the following people by New Castle police and Pennsylvania State Police
Wilbert C. Taylor, 29, Locust Street, delivery of a controlled substance, possession of a controlled substance; criminal use of a communication facility.
Judy Trott, 46, Booker Drive, New Castle, delivery of a controlled substance, criminal conspiracy, criminal use of a communication facility, possession of a controlled substance.
Nate Perkins, 45, Harrison Street, New Castle, criminal conspiracy.
Jo Ann Burk, 39, High Street, New Castle, delivery of a controlled substance, criminal conspiracy, possession of a controlled substance.
Devon Taylor, no age available, Booker Drive, New Castle, delivery of a controlled substance, possession of a controlled substance.
Gregory Pace, 20, East Washington Street, New Castle, delivery of a controlled substance, criminal use of a communication facility.
Debra Phillips, 44, Parkwood Court, New Castle, delivery of a controlled substance, possession of a controlled substance.
Derek Caraway Jr., 21, Parkwood Court, New Castle, delivery of a controlled substance, possession with the intent to deliver, possession of a controlled substance.
Rose Marshall, 45, South Cedar Street, New Castle, delivery of a controlled substance, possession of a controlled substance, criminal use of a communication facility.
Stacy Kirkwood, 35, South Ashland Avenue, New Castle, possession of a controlled substance.
Melissa Houston, 26, Pennsylvania State Corrections Institute at Cambridge Springs, delivery of a controlled substance, possession of a controlled substance, possession of drug paraphernalia.
Scott Haley, no age available, Pennsylvania State Corrections Institute at Cresson, possession with the intent to deliver a controlled substance, possession of a controlled substance, possession of drug paraphernalia.
Kenneth Johnson, 39, Lawrence County Jail, former convict not to possess a firearm, possession of a controlled substance and possession of drug paraphernalia.
William Madison, no age available, Booker Drive, New Castle, possession with the intent to deliver a controlled substance, possession of a controlled substance, receiving stolen property.
Peggy Owens, no age available, Booker Drive, New Castle, possession with the intent to deliver a controlled substance, possession of a controlled substance, receiving stolen property.
Greg Martin, 36, Masabi Drive, Sharon, delivery of a controlled substance, possession of a controlled substance, criminal use of a communication facility.
George Martin Jr., no age given, Masabi Drive, Sharon, possession with the intent to deliver.
David H. Tack Jr., 42, Villa Drive, Butler, possession with the intent to deliver a controlled substance, possession of a controlled substance.
Michael Telford, age, address and charges were not available.
Robert Williams, age, address and charges were not available.
Davita Wise, age, address and charges were not available.
Jeffrey Zona, age, address and charges were not available.
Frank Mangino, age, address and charges were not available.
Donald McFall, age, address and charges were not available.
Linda Barrow, age, address and charges were not available.
The names of five others charged were not release by police or the district attorney's office.
http://www.vindy.com/news/2007/mar/17/lawrence-county-drug-raid-arrest-warrants-have/
State police charge chief public defender
Falls' client was arrested on theft and drug charges.
By LAURE CIOFFI
VINDICATOR PENNSYLVANIA BUREAU
NEW CASTLE, Pa. -- Lawrence County's chief public defender remains on the job despite being charged by Pennsylvania State Police with obstructing justice and disorderly conduct.
Atty. Harry O. Falls, 56, of was arraigned on the charges Thursday. State police filed the charges after a run-in with Falls outside the county government center.
An affidavit filed to support the charges says Trooper David Tyler was testifying at a suppression hearing in common pleas court in a case involving Ronald Hudach III, 20, of Neshannock Township. Falls was acting as Hudach's public defender.
After the hearing, Tyler discovered Hudach was wanted on an outstanding warrant by New Wilmington Police and took him into custody.
Court papers stated that Falls followed Tyler and told him he was an "ugly, evil person." Tyler continued with Hudach, and the chief public defender followed and continued demeaning the state trooper, the affidavit says.
Followed client
The state trooper was placing Hudach in the back of his patrol vehicle, and Falls followed his client into the car. Police said the public defender told the trooper he would not take Hudach without a witness. Falls eventually did get out the car but stood at the rear, just a few inches away, impeding it from moving, police said.
When the state trooper told Falls to move, Falls started yelling for someone to call 911.
Hudach's grandfather, Ronald Hudach Sr., 68, said he gave Falls his cellular telephone, and the public defender moved from the police car.
Shortly after the incident, county commissioners were contacted by the state police.
Commissioner Dan Vogler said a state trooper came to the office that day to speak to the commissioners about the matter, but all three were out. Commissioners oversee the county public defender's office.
Vogler said the three commissioners and county solicitor met with Falls on Friday morning and discussed the matter.
Vogler said that upon the recommendation of the county solicitor, Falls will remain as chief public defender until the outcome of his Jan. 23 preliminary hearing in Lawrence County Central Court. Vogler said they will then again review the matter.
Falls was released without bond. He did not return calls from The Vindicator for comment.
Charged with thefts
Falls' client was one of three men charged with a series of thefts from vehicles in New Wilmington in July 2006. The men, however, were not charged until this week.
Hudach and Shane J. McDevitt, 21, of Neshannock Township, were arraigned Thursday, and Joshua A. Yost, 25, of New Wilmington, was arrested and arraigned Tuesday.
All three are charged with multiple counts of theft by unlawful taking, theft from a motor vehicle, receiving stolen property and criminal conspiracy.
Police said the arrests stem from thefts from nine unlocked vehicles in New Wilmington where items valued at about 2,765 were taken. Among the things taken was a handgun that was recovered by Youngstown police on Dec. 3 after being used in an aggravated robbery.
Hudach also is charged with criminal use of a communication facility, possession of heroin, possession with the intent to deliver heroin, and delivery of a controlled substance. Police said those charges stem from a controlled drug buy with a police informant July 28 in New Castle.
Police contend the drug investigation was developed from the theft investigation, and they believe the three men were committing thefts to support drug activities.
Yost was in jail Friday after failing to post 20,000 bond, and Hudach was released after posting 20,000 bond. McDevitt was taken to the state correctional institute at Albion, where he is serving a sentence on other criminal charges. All three are expected to appear for preliminary hearings Thursday.
cioffi@vindy.com
http://www.vindy.com/news/2007/jan/06/state-police-charge-chief-public-defender/
By LAURE CIOFFI
VINDICATOR PENNSYLVANIA BUREAU
NEW CASTLE, Pa. -- Lawrence County's chief public defender remains on the job despite being charged by Pennsylvania State Police with obstructing justice and disorderly conduct.
Atty. Harry O. Falls, 56, of was arraigned on the charges Thursday. State police filed the charges after a run-in with Falls outside the county government center.
An affidavit filed to support the charges says Trooper David Tyler was testifying at a suppression hearing in common pleas court in a case involving Ronald Hudach III, 20, of Neshannock Township. Falls was acting as Hudach's public defender.
After the hearing, Tyler discovered Hudach was wanted on an outstanding warrant by New Wilmington Police and took him into custody.
Court papers stated that Falls followed Tyler and told him he was an "ugly, evil person." Tyler continued with Hudach, and the chief public defender followed and continued demeaning the state trooper, the affidavit says.
Followed client
The state trooper was placing Hudach in the back of his patrol vehicle, and Falls followed his client into the car. Police said the public defender told the trooper he would not take Hudach without a witness. Falls eventually did get out the car but stood at the rear, just a few inches away, impeding it from moving, police said.
When the state trooper told Falls to move, Falls started yelling for someone to call 911.
Hudach's grandfather, Ronald Hudach Sr., 68, said he gave Falls his cellular telephone, and the public defender moved from the police car.
Shortly after the incident, county commissioners were contacted by the state police.
Commissioner Dan Vogler said a state trooper came to the office that day to speak to the commissioners about the matter, but all three were out. Commissioners oversee the county public defender's office.
Vogler said the three commissioners and county solicitor met with Falls on Friday morning and discussed the matter.
Vogler said that upon the recommendation of the county solicitor, Falls will remain as chief public defender until the outcome of his Jan. 23 preliminary hearing in Lawrence County Central Court. Vogler said they will then again review the matter.
Falls was released without bond. He did not return calls from The Vindicator for comment.
Charged with thefts
Falls' client was one of three men charged with a series of thefts from vehicles in New Wilmington in July 2006. The men, however, were not charged until this week.
Hudach and Shane J. McDevitt, 21, of Neshannock Township, were arraigned Thursday, and Joshua A. Yost, 25, of New Wilmington, was arrested and arraigned Tuesday.
All three are charged with multiple counts of theft by unlawful taking, theft from a motor vehicle, receiving stolen property and criminal conspiracy.
Police said the arrests stem from thefts from nine unlocked vehicles in New Wilmington where items valued at about 2,765 were taken. Among the things taken was a handgun that was recovered by Youngstown police on Dec. 3 after being used in an aggravated robbery.
Hudach also is charged with criminal use of a communication facility, possession of heroin, possession with the intent to deliver heroin, and delivery of a controlled substance. Police said those charges stem from a controlled drug buy with a police informant July 28 in New Castle.
Police contend the drug investigation was developed from the theft investigation, and they believe the three men were committing thefts to support drug activities.
Yost was in jail Friday after failing to post 20,000 bond, and Hudach was released after posting 20,000 bond. McDevitt was taken to the state correctional institute at Albion, where he is serving a sentence on other criminal charges. All three are expected to appear for preliminary hearings Thursday.
cioffi@vindy.com
http://www.vindy.com/news/2007/jan/06/state-police-charge-chief-public-defender/
Police Probe Fatal New Castle Shooting
New Castle (KDKA) - Police are investigating after a man was found fatally shot in the head in New Castle.
Officials say gunfire erupted outside a building on West Terrace Avenue just before noon on Saturday.
Police say the victim, Arthur Cheeks, 23, was apparently shot while sitting in his vehicle.
He was pronounced dead at the scene.
The Lawrence County Coroner says the victim was shot at least once in the head.
Anyone with information is asked to contact New Castle City Police at 724-656-3588.
http://kdka.com/topstories/New.Castle.Lawrence.2.386645.html
Officials say gunfire erupted outside a building on West Terrace Avenue just before noon on Saturday.
Police say the victim, Arthur Cheeks, 23, was apparently shot while sitting in his vehicle.
He was pronounced dead at the scene.
The Lawrence County Coroner says the victim was shot at least once in the head.
Anyone with information is asked to contact New Castle City Police at 724-656-3588.
http://kdka.com/topstories/New.Castle.Lawrence.2.386645.html
Police: Crack Addicts Purchased Guns For N.Y. Street Gang
LAWRENCE COUNTY, Pa. -- Police said two Lawrence County crack addicts are among six people charged in connection with an allegedly illegal gun purchase ring that provided local firearms to a Buffalo, N.Y., street gang.
A spokesman for the state attorney general's office said the two bought at least 18 guns from Lawrence and Mercer county stores in 2004 and 2005.
"The prosecution is the first in recent memory by our office targeting an organized ring of illegal gun purchasers," said Nils Frederiksen, a spokesman for Pennsylvania Attorney General Tom Corbett.
Five suspects were already in custody, including two straw purchasers and three alleged gang members from Buffalo. A sixth person, a juvenile from Buffalo, was still at large Thursday, Frederiksen said.
Some of the guns have been recovered by police in New Castle and in Buffalo.
Edward Lewis Wilkie, the alleged leader of the ring, is a member of the "Fruit Belt Posse," a Buffalo gang that operated in a neighborhood with streets such Peach Street, Mulberry Street and Orange Street.
Wilkie, 31, is already serving a federal prison sentence for drug crimes, Frederiksen said. He was charged by state prosecutors with participating in a corrupt organization, illegally selling or transferring a firearm, and related crimes including money laundering.
Pennsylvania authorities said police in Buffalo seized one gun, a .40-caliber semiautomatic pistol, after it was used in a crime on Jan. 30, 2004. That gun was purchased from a Pennsylvania gun dealer five days earlier by Louis J. Glorioso, 51, of New Castle, authorities said.
The gun dealer declined comment Thursday, but it was his tip that led to the investigation, authorities said in court documents.
The dealer was suspicious when guns were paid for in cash, using small bills, and because Glorioso and another straw purchaser were often accompanied by other people, including a man who once used a camera phone to take pictures of various guns for sale at the store, according to court papers.
Glorioso and another alleged straw purchaser, JoEllen Piccirillo, 50, of New Castle, both testified before a grand jury. Glorioso bought a total of 13 semiautomatic handguns from three Pennsylvania dealers, and Piccirillo bought four semiautomatic handguns from one dealer and an AR-15 assault rifle from another, authorities found.
They were arraigned weeks ago on one count each of illegal sale or transfer of a firearm, Frederiksen said.
A telephone message left at Glorioso's address was not immediately returned. The Associated Press could not immediately locate a phone number for Piccirillo.
After Wilkie was sent to federal prison, Chanel "Pomp" Pompey, 22, allegedly took over the Fruit Belt Posse. Pompey was sent to a New York state prison and, after that, a former Buffalo resident, Donnell Johnson, 22, of New Castle, allegedly took over, Frederiksen said.
Wilkie, Pompey and Johnson face identical charges. Johnson who was arrested Tuesday and remained in the Lawrence County Jail unable to post $20,000 bond on Thursday.
Officials said one juvenile remains at large.
http://www.thepittsburghchannel.com/news/10483044/detail.html
A spokesman for the state attorney general's office said the two bought at least 18 guns from Lawrence and Mercer county stores in 2004 and 2005.
"The prosecution is the first in recent memory by our office targeting an organized ring of illegal gun purchasers," said Nils Frederiksen, a spokesman for Pennsylvania Attorney General Tom Corbett.
Five suspects were already in custody, including two straw purchasers and three alleged gang members from Buffalo. A sixth person, a juvenile from Buffalo, was still at large Thursday, Frederiksen said.
Some of the guns have been recovered by police in New Castle and in Buffalo.
Edward Lewis Wilkie, the alleged leader of the ring, is a member of the "Fruit Belt Posse," a Buffalo gang that operated in a neighborhood with streets such Peach Street, Mulberry Street and Orange Street.
Wilkie, 31, is already serving a federal prison sentence for drug crimes, Frederiksen said. He was charged by state prosecutors with participating in a corrupt organization, illegally selling or transferring a firearm, and related crimes including money laundering.
Pennsylvania authorities said police in Buffalo seized one gun, a .40-caliber semiautomatic pistol, after it was used in a crime on Jan. 30, 2004. That gun was purchased from a Pennsylvania gun dealer five days earlier by Louis J. Glorioso, 51, of New Castle, authorities said.
The gun dealer declined comment Thursday, but it was his tip that led to the investigation, authorities said in court documents.
The dealer was suspicious when guns were paid for in cash, using small bills, and because Glorioso and another straw purchaser were often accompanied by other people, including a man who once used a camera phone to take pictures of various guns for sale at the store, according to court papers.
Glorioso and another alleged straw purchaser, JoEllen Piccirillo, 50, of New Castle, both testified before a grand jury. Glorioso bought a total of 13 semiautomatic handguns from three Pennsylvania dealers, and Piccirillo bought four semiautomatic handguns from one dealer and an AR-15 assault rifle from another, authorities found.
They were arraigned weeks ago on one count each of illegal sale or transfer of a firearm, Frederiksen said.
A telephone message left at Glorioso's address was not immediately returned. The Associated Press could not immediately locate a phone number for Piccirillo.
After Wilkie was sent to federal prison, Chanel "Pomp" Pompey, 22, allegedly took over the Fruit Belt Posse. Pompey was sent to a New York state prison and, after that, a former Buffalo resident, Donnell Johnson, 22, of New Castle, allegedly took over, Frederiksen said.
Wilkie, Pompey and Johnson face identical charges. Johnson who was arrested Tuesday and remained in the Lawrence County Jail unable to post $20,000 bond on Thursday.
Officials said one juvenile remains at large.
http://www.thepittsburghchannel.com/news/10483044/detail.html
Self-described minister charged
He was charged earlier this year with theft of money from an amateur football team.
NEW CASTLE, Pa. -- A self-described minister is accused of sexually assaulting a teenage girl.
David Gailbreath, 27, of Smithfield Street, who was arrested in September on theft charges, was charged last week by New Castle police with involuntary deviate sexual intercourse, statutory sexual assault, aggravated indecent assault and two counts of indecent assault.
Police said he was arrested over the weekend on a bench warrant involving the prior theft charges and was awaiting arraignment Monday on the sex assault charges.
According to an affidavit filed to support the charges, Gailbreath, 27, is accused of having sex with a juvenile female every other week beginning in January 2005. The accuser was 13 at that time and is now 15, police said.
The accuser told police that there was a short period where they stopped having sex because her mother became suspicious. The affidavit stated that the accuser says he started touching her in the last few months, but they did not have intercourse.
His background
Gailbreath came to New Castle in January 2005 from New York state. He attempted to start an amateur football team, the New Castle Knights, which became defunct earlier this year when most of the team's management and players defected to the New Castle Thunder. The team played in the North American Football League for the 2006 season.
Gailbreath was charged in June with deceptive business practices, theft by deception and receiving stolen property after the Knights' former general manager accused Gailbreath of spending the team's money on things other than team business.
Others involved with the Knights told police Gailbreath was spending team money for his home mortgage, for his personal meals in restaurants and for other things.
A warrant for his arrest on those charges was issued Sept. 12 after he failed to appear in court.
No listing
Gailbreath, on his New Castle Knights Web site, refers to himself as "Reverend David Gailbreath."
The Universal Life Church Web site has his church listed as Knights of God Outreach Ministries. No location for the ministry is given and Knights of God Outreach Ministries does not appear in the New Castle telephone directory.
NEW CASTLE, Pa. -- A self-described minister is accused of sexually assaulting a teenage girl.
David Gailbreath, 27, of Smithfield Street, who was arrested in September on theft charges, was charged last week by New Castle police with involuntary deviate sexual intercourse, statutory sexual assault, aggravated indecent assault and two counts of indecent assault.
Police said he was arrested over the weekend on a bench warrant involving the prior theft charges and was awaiting arraignment Monday on the sex assault charges.
According to an affidavit filed to support the charges, Gailbreath, 27, is accused of having sex with a juvenile female every other week beginning in January 2005. The accuser was 13 at that time and is now 15, police said.
The accuser told police that there was a short period where they stopped having sex because her mother became suspicious. The affidavit stated that the accuser says he started touching her in the last few months, but they did not have intercourse.
His background
Gailbreath came to New Castle in January 2005 from New York state. He attempted to start an amateur football team, the New Castle Knights, which became defunct earlier this year when most of the team's management and players defected to the New Castle Thunder. The team played in the North American Football League for the 2006 season.
Gailbreath was charged in June with deceptive business practices, theft by deception and receiving stolen property after the Knights' former general manager accused Gailbreath of spending the team's money on things other than team business.
Others involved with the Knights told police Gailbreath was spending team money for his home mortgage, for his personal meals in restaurants and for other things.
A warrant for his arrest on those charges was issued Sept. 12 after he failed to appear in court.
No listing
Gailbreath, on his New Castle Knights Web site, refers to himself as "Reverend David Gailbreath."
The Universal Life Church Web site has his church listed as Knights of God Outreach Ministries. No location for the ministry is given and Knights of God Outreach Ministries does not appear in the New Castle telephone directory.