CRIME - POLITICS - NIGHTLIFE - HOMETOWN: WEST CHESTER, CHESTER COUNTY, PENNSYLVANIA

09 October 2009

IS ANYONE IN MONTCO PAYING ATTENTION?

WEST CHESTER – It should come as no shock to Unplugged readers that a Coatesville woman finds herself on the wrong side of the law again. The only difference between this latest scrape with the law and her previous three criminal court matters is that she might actually face some punishment in Common Pleas Court this time around. In fact, she was admitted into ARD in Montgomery County while she was facing charges in two separate cases in Coatesville.

Ali, 20, of Coatesville, and Shante Chapman, 19, also of Coatesville, were arrested by Valley Police on Monday after her involvement in a melee at Valley District Court on Monday following a preliminary hearing for a family member who was ordered held for trial on charges relating to the homicide investigation of a 16 year old Coatesville boy. The two are accused of assaulting and threatening the mother of Aaron Turner, the young Coatesville boy who was murdered as he left his home on North Chester Avenue in October 2008.

Valley District Judge Grover Koon had just ordered Cynthia Chapman Graves, 50, of Coatesville, held for trial on charges of Hindering Apprehension, Tampering With Evidence, and Criminal Conspiracy for allegedly driving a car reportedly used by her son, Laquanta Chapman, and his cousin Bryan Byrd, 19, of Newark, N.J. in the murder of Aaron. Chester County Detectives allege that Chapman Graves drove the vehicle to Irvington, Essex County, N.J. – a township bordering Newark to the west – where she attempted to sell it. Investigators had attempted to obtain a search warrant to obtain evidence in the homicide.

After the hearing, Ali and Chapman – the daughter of Chapman Graves – allegedly assaulted a relative of Aaron's outside the courtroom. Ali was reportedly holding a baby as she assaulted the victim; Chapman subsequently had to be restrained by police as she attempted to punch the victim.

News reports indicate that this was not the first confrontation involving Ali and the victim's family. The first incident reportedly occurred outside the Justice Center in West Chester, however, it did not appear as though charges were filed in that incident.

Ali is currently on ARD probation in Montgomery County, although her admittance into the program could be considered unusual at best, if not controversial.

Ali was arrested by Trp. Jason Hope of the State Police/Philadelphia station on June 7, 2007 on charges of False Identification to Law Enforcement and False Swearing/Misleading a Public Servant after an incident in Lower Merion Township, Montgomery County. Ali failed to appear for her preliminary hearing in Narberth District Court on August 27, 2007 and the charges were held in absentia.

Meanwhile, Ali found herself in some hot water in Coatesville as Ofc. Jeffrey Ingemie had charged her with Burglary, Criminal Trespassing, Criminal Mischief, Disorderly Conduct, and Harassment following a December 29, 2007 incident in the city's West End. Ali was subsequently arraigned on the charges by Judge Koon on January 16, 2008 and released on $5,000 unsecured bail.

As that case was pending, Ali was again arrested by Ofc. Ingemie on February 6, 2008 and charged with Simple Assault, Harassment, Disorderly Conduct, and Criminal Conspiracy. She was arraigned by Coatesville District Judge Robert Davis on February 18, 2008 and released after posting 10 percent of $2,500 bail.

The day after the second incident, according to on-line court records, Ali's pre-trial conference in the Lower Merion incident was continued by Montgomery County Common Pleas Judge William Carpenter after the Montgomery County District Attorney's Office unfathomably agreed to reconsider Ali for that county's ARD program. I wish I were making that up, but, unfortunately, that's not the case.

Despite the fact that there were two open criminal cases in Chester County, Ali's application for ARD was accepted by the DA's office on March 10, 2008; she was formally admitted into the program during a hearing in front of Montgomery County Common Pleas Judge Harold Thomson on April 29, 2008.

Ali's Simple Assault charges were withdrawn in Judge Davis' court on March 19, 2008 after she agreed to plead guilty to summary charges of Harassment and Simple Assault (15-1-03, CR-0000041-08). The Burglary case in front of Judge Koon was dismissed on March 31, 2008 (15-1-05, CR-0000004-08).

Even with those two cases subsequently disposed of, they were still active when the Montgomery County DA's office allowed Ali into the ARD program. Had the Lower Merion case occurred in Chester County and Ali had attempted to apply for ARD, the application would likely have been rejected. In fact, if a defendant is approved for ARD by First Assistant District Attorney Pat Carmody (the First Assistant DA in most counties reviews ARD applications) and draws new criminal charges before appearing in Common Pleas Court for formal admission into the program, that defendant's ARD application is revoked and the case proceeds as it normally would.

Even more outrageous is that Ali failed to appear for her preliminary hearing where the charges were ordered held for court, and she was still considered for ARD by Montgomery County officals. In Chester County, the only way an ARD application is considered is if a defendant (1) appears in court and (2) waives the preliminary hearing.

The bar must be set pretty low up in Norristown in order for a defendant to qualify for a program that should be reserved for first-time offenders.

In any event, Ali and Chapman (15-1-01, CR-0000269-09) were arraigned on Monday night by Lionville District Judge Stanley Scott. Ali and Chapman were charged with Witness Intimidation, Retaliation Against a Witness, Simple Assault, Disorderly Conduct, and Harassment; Ali was also charged with REAP, because she allegedly was holding a baby during her role in the assault (15-1-01, CR-0000270-09).

Both women were committed to CCP after failing to post $5,000 cash bail. Preliminary hearings are tentatively scheduled for Tuesday in front of West Chester District Judge Mark Bruno at the Chester County Justice Center.

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Creighton Rabs
West Chester, Pennsylvania, United States
I have lived in West Chester since 1995. For the past 2 years, Unplugged has covered crime and the courts, primarily in the West Chester area. With the launch of Unplugged v.2.0, the focus is expanding to include coverage of borough government meetings, comments about the borough's nightlife, and some random thoughts in general.
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UNPLUGGED V.2.0 ARCHIVE

STORY LABELS

COMMON TERMS/ABBREVIATIONS

1543 - The section of the Pennsylvania Motor Vehicle Code relating to Driving a Motor Vehicle Under Suspension; 1543-A is a Non-DUI Related Suspension, 1543-B is a DUI Related Suspension
ARD - Accelerated Rehabilitative Disposition (program for non-violent first time offenders, mainly DUI cases, but not exclusive to DUI)
CCH - Chester County Hospital
CCP - Chester County Prison
GFAC - Good Fellowship Ambulance
IPP - Intermediate Punishment Program (alternative to full incarceration for certain non-violent offenses)
Lima Labs - The PSP Regional Laboratory in Lima, Middletown Twp, Delaware County; the mandated fee for DUI/Alcohol related testing is $70, the drug testing fee is $105
Medic 91 - CCH Paramedics
PWID - Possession With Intent to Deliver a Controlled Substance (ie. Drug Trafficking)
REAP - Recklessly Endangering Another Person
SCI - State Correctional Institute (aka State Penitentary)
Summary Disposition - An agreement between the Commonwealth and a defendant, usually at the District Court level, where misdemeanor are withdrawn in exchange for a guilty plea to a summary offense if certain conditions (ie. drug/alcohol treatment, community service, restitution) are complied with; non compliance can mean an automatic waiver to Common Pleas Court
TBUT - Theft by Unlawful Taking
Treatment Court - What the Common Pleas Court refers to as it's Restrictive Intermediate Punishment (similar to IPP, but for offenses graded as "Level 3 or 4" according to state sentencing guidelines)

OFFICE FINDER FOR JUSTICE CENTER

WEST Wing of Justice Center faces North New Street;
EAST Wing of Justice Center faces North Darlington Street


1ST Floor WEST

Sheriff's Office

1st Floor EAST

Cafeteria
Clerk of Courts
District Court 15-1-01
Prothonotary

2nd Floor WEST

Adult Probation and Parole
Register of Wills/Clerk of the Orphan's Court

2nd Floor EAST

Bail Agency/Pre-Trial Services
Law Library
Public Defender's Office

3rd Floor WEST

Juvenile Probation

3rd Floor EAST

Domestic Relations

4th Floor WEST

Court Administration

4th Floor EAST

Chester County Detectives
District Attorney
Warrant Enforcement Bureau

5th Floor WEST

Master's Rooms

5th Floor EAST

Court Reporters
Jury Commissioner's and Juror Assembly Room

6th Floor WEST

Courtrooms #9, #10, #11, and #12

6th Floor EAST

Courtrooms #14, #15, #16, #17, #18, and #19

7th Floor WEST

Courtrooms #1, #3, and #4

7th Floor EAST

Courtrooms #2, #5, #6, #7, and #8

COMMON PLEAS COURT JUDGES COURTROOM ASSIGNMENTS

CR #1 - President Judge Paula Francisco Ott
CR #2 - Judge Thomas Gavin
CR #3 - Judge Robert Shenkin
CR #4 - Judge William Mahon
CR #5 - Judge Howard F. Riley, Jr.
CR #6 - Judge David Bortner
CR #7 - Judge James P. MacElree II
CR #8 - Judge Ronald Nagle
CR #9 - (RESERVED FOR FUTURE USE)
CR #10 - Senior Judge Charles Smith
CR #11 - Judge Edward Griffith
CR #12 - Judge Anthony Sarcione
CR #13 - (NUMBER NOT USED)
CR #14 - Judge Phyllis Streitel
CR #15 - Judge John Hall
CR #16 - Judge Katherine Platt
CR #17 - Judge Jacqueline Cody
CR #18 - (RESERVED FOR FUTURE USE)
CR #19 - (RESERVED FOR FUTURE USE)

COMMON PLEAS COURT CRIMINAL TERMS

BORTNER (6)

Sept. 28-Oct. 9
Nov. 9-20

GAVIN (2)

Sept. 14-Oct. 2
Oct. 26-Nov. 6
Nov. 30-Dec. 12

MacELREE (7)

Oct. 26-Nov. 6

MAHON (4)

Sept. 14-Oct. 9
Oct. 26-Nov. 20
Dec. 7-18

NAGLE (8)

Oct. 12-23
Nov. 9-20

RILEY (5)

Oct. 5-16
Nov. 9-20
Dec. 14-18

SARCIONE (12)

Rotation I

Oct. 12-23
Nov. 23-Dec. 4

Rotation II

Sept. 28-Oct. 9
Nov. 9-20

STRIETEL (14)

Oct. 26-Nov. 6
Dec. 7-18

COMMON PLEAS COURT "SIGNING JUDGES"

The "signing" judge for the week has many purposes in Chester County:

Serve as the on-call judge available to sign warrants that fall under the jurisdiction of the Common Pleas Court (ie. wiretap warrants)
Hear all Protection From Abuse (PFA) orders - Mondays
Preside over the admission and removal hearings for the ARD program - Tuesdays
Preside over "72-hour" bench warrant hearings - Mondays, Wednesdays, and Fridays
Preside over appeals to PennDOT regarding driver license suspensions - Thursdays
Preside over video Gagnon I hearings - Fridays

Over the course of the signing judge's week, typically referred to as the Miscellaneous List (Misc. List), Gagnon II hearings, summary appeals, expungement hearings, sentencings, and pre-trial motions are also heard. On some weeks, other judges will have Misc. List matters, however the signing judge handles all of the above listed matters for the week.

2009

Sept. 28-Oct. 2: Shenkin
Oct. 5-9: Smith
Oct. 12-16: Streitel
Oct. 19-23: Mahon
Oct. 26-30: Sarcione
Nov. 2-4: Smith
Nov. 5-6: Ott
Nov. 9-13: Shenkin
Nov. 16-20: Gavin
Nov. 23-24: Hall
Nov. 25: MacElree
Nov. 30-Dec. 4: Mahon
Dec. 7-11: Bortner
Dec. 14-18: Griffith

DISTRICT COURT AFTER-HOURS "ON CALL" SCHEDULE

The On-Call District Judges handle preliminary arraignments for criminal cases, issue emergency Protection From Abuse orders, and accept bail postings outside of the District Court system's normal hours.

The below schedule may be subject to change. To confirm who the on-call MDJ is, contact Chester County Police Radio at (610) 383-7000.

The 2009 schedule listed below is a tentative listing based on the current schedule cycle. The confirmed 2010 District Court on-call schedule will be posted once it becomes available from Court Administration.

November 2009

27: MDJ Kraut/West Goshen (20:00-23:30 only)
28-29: MDJ Cabry/Honey Brook
30: MDJ Scott/Lionville

December 2009

1-2: MDJ Scott/Lionville
3-5: MDJ D'Angelo/Pottstown
6-8: MDJ Maisano/Kennett
9-11: MDJ Farmer/Oxford
12-14: MDJ Cabry/Honey Brook
15-17: MDJ Gill/Parkesburg
18-20: MDJ Blackburn/Chesterbrook
21-23: MDJ Valocchi/Thorndale
24-26: MDJ Smith/Exton
27-29: Avondale
30-31: MDJ Knapp/Union Street

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