Monday, February 28, 2011

Neshannock firm closes after paying restitution

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com
 
A Neshannock Township firm ceased operations after repaying a bank that had been defrauded in the Affordable Housing scandal.

The U.S. Attorney’s Office pursuit of $125,000 in additional restitution hastened the end of Castle Realty Appraisal Services Inc.

The business paid $75,000 in mid-February to First Commonwealth Bank, according to federal documents. The payment was part of the agreement in which the company pleaded guilty to one felony count of bank fraud.

Government prosecutors charged that Castle Realty Appraisal Services provided fraudulent assessments to First Commonwealth. The information was used as part of Affordable Housing of Lawrence County’s $250,000 loan application for seven properties.

After the company’s plea hearing in October, its attorney Thomas J. Farrell said the judge could issue a fine, order additional compensation or impose probation when sentencing occurred. In response to the presentence report, the government said the restitution amount was understated and the correct total was $200,000.

Approximately two weeks ago, the company prepared and filed articles of dissolution with the state. Castle Realty Appraisal Services said it lacked the money to satisfy its liabilities.

Senior U.S. District Judge Gustave Diamond addressed the company’s probable fate Wednesday when he reviewed the presentence report. First Commonwealth’s total losses were pegged at $312,614, which represented principal and interest.

The bank received $60,200 from the sale of seven Affordable Housing properties. That leaves the bank out of $252,414. Diamond said full restitution was mandatory under federal sentencing guidelines.

“(It) is readily ascertainable that defendant cannot and is not likely to become able to pay the minimum of the guideline fine range,” Diamond wrote.

He noted that unless the company dissolved, probation was a suitable punishment.
The day after Diamond’s review Farrell filed paperwork advising Castle Realty Appraisal Services had gone out of business.

A company representative was scheduled to appear tomorrow morning for sentencing in federal court, downtown Pittsburgh. Diamond ordered a status conference instead and continued the sentencing hearing.

DeRosa supporters laud him to court

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

A retired judge calls Nicholas DeRosa a good friend, while a university president sees a man with an important legacy.

Not only are friends and family seeking leniency for the New Castle resident. School superintendents, city school district employees and doctors are among his supporters.

DeRosa pleaded guilty in late October to felony counts of bank fraud, mail fraud and conspiracy to commit money laundering. The plea came in the aftermath of the federal government’s mortgage fraud investigation of Affordable Housing of Lawrence County.

He was scheduled to be sentenced tomorrow morning in federal court, downtown Pittsburgh. The hearing has been moved to 10 a.m. March 22.

The following are selections from some of the 18 letters submitted to Senior U.S. District Judge Gustave Diamond. Approximately 70 signatures were attached to the correspondences, which discussed DeRosa’s commitment to family, school and community. The letters in their entirety are located at www.ncnewsonline.com.


“I know hundreds of people who know Nick and cannot recall having heard a negative about him. Personally, prior to the reporting of his charges, I had not heard or seen anything that even hinted at greed, avarice, or dishonesty at any level. The circumstances which bring him to your court represent one of the biggest surprises and disappointments I have experienced.”

Glenn McCracken Jr.
Retired Lawrence County common pleas court
 

“As a Trustee over these many years, Mr. DeRosa served the University faithfully and with distinction … As a senior member of our Council, Mr. DeRosa was a leader and a consensus maker … I do not dispute the seriousness of the charges facing Mr. DeRosa. However, I continue to believe in the whole person and believe Mr. DeRosa’s larger body of work within his community and for the Commonwealth is an important legacy worthy of consideration within the discretion of sentencing allowed by the court.”

Robert M. Smith
President, Slippery Rock University


“Nicholas was brought up to respect the importance of family and the deep rewards that can be derived by being part of a strong family framework. Throughout the years, Nicholas lived with our parents and helped raise his son Michael and his niece Lisa (whose mother passed away when Lisa was less than one year old). Nicholas inspired, through his own educational experience and his vocation as an educator, both Michael and Lisa to attend and graduate from college … Family has always come first to Nicholas and he has proven this in many ways throughout his life.”

Theresa Burgo, sister
Anna Marie Leatherow, niece
Dr. Alfred Burgo, nephew
Lisa Hites, niece
Michael DeRosa, son
 

“All of the undersigned have known Nick anywhere from thirty to sixty years. Several of us have grown up with Nick in the Croton area of New Castle, where he was born, raised, and still resides.

“Nick was a very active member of our community. He held positions in the New Castle Area School District as an Elementary Teacher and later as (Assistant) Superintendent for approximately forty years. Nick has been a public servant as a Trustee of Slippery Rock University for twenty-four years, New Castle City Councilman for twelve years, Lawrence County Planning Commission Member for 10 years, and past President of New Castle Area Wolves and National Association of Wolves scholarship organization. For eighteen years, Nick and his friend John Orlando have given one thousand dollar scholarships to low-income high school seniors to attend college.”

Friends of Nick DeRosa
 

“I have observed (DeRosa’s) professional attributes and recognize his many talents in the area of labor relations, transportation, and organizational negotiations. He effectively contributed to the operations of the school district and was truly someone that I, along with our entire staff, was able to count on for assistance when needed … Mr. Nicholas DeRosa has been someone I have known closely for 40 years. I believe that he will continue to be remembered as a unique, caring, and supportive individual to all who have the pleasure of knowing him.”

George J. Gabriel
Superintendent, New Castle Area School District
 

“Working cooperatively and amicably, we were able to reach successor collective bargaining agreements for all three bargaining units (teachers, secretaries and paraprofessionals) in the NCASD. I also worked numerous times with Mr. DeRosa to resolve grievances. He was at all times professional, respectful and extremely cooperative in working through our differences to reach an acceptable resolution to any disagreements …

“He has always been open, honest, considerate, and simply a man of his word. He has a genuine concern for the good of his fellow man as he would help in any way possible.”

Paul J. Sibeto Jr.
Spanish teacher, New Castle Area School District
President, New Castle Federation of Teachers
 
 
“Judge Diamond, I respectfully request that strong consideration be given to the service Mr. DeRosa has rendered to his community. To quote Robert Kennedy, ‘Service is the greatest of freedom’s privileges.’

“As written in the Antigone of Sophocles, ‘All men make mistakes, but a good man yields when he knows his course is wrong and repairs his evil.’ I honestly believe that Mr. DeRosa has repaired the evil and is prepared to make amends through additional service to his community. He is basically a good man and person.”

Dr. Dennis E. Murray
Superintendent, Altoona Area School District
Slippery Rock University Council of Trustees 

DeRosa downplays role in scam

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com
 
Nicholas DeRosa denied being the major figure behind a Lawrence County mortgage scandal.

In an effort to gain leniency prior to sentencing, the retired New Castle school administrator admitted he took money from friends and helped collect funds to pay for a disgraced official’s legal fees.

“I pled guilty because it was the right thing to do,” DeRosa explained last week in a letter to U.S. District Judge Gustave Diamond. “I am guilty and I want to take responsibility for the things I’ve done to break the law.”

As to the collapse of a nonprofit housing agency, DeRosa said others were responsible.
“I didn’t personally take any taxpayer money from Affordable Housing (of Lawrence County) or from anyone else,” he wrote to Diamond. “I didn’t do anything to falsify the values of the appraisals for the houses AHLC brought.”

DeRosa’s attorneys hope their client’s admission and letters of support will result in probation.

A federal investigation resulted in DeRosa’s guilty plea in October to charges of bank fraud, mail fraud and conspiracy to commit money laundering. Diamond was scheduled to sentence DeRosa tomorrow morning in federal court, downtown Pittsburgh. However, he moved the hearing to 10 a.m. March 22 at the request of government prosecutors.

“(DeRosa) claims responsibility for an extremely narrow set of facts,” the U.S. Attorney’s Office responded. “In the government’s view, the defendant’s conduct in this case is much more egregious than set forth in the defendant’s pleadings.”

Approximately a half-million dollars was lost in the fraud. First Commonwealth Bank had approved a $250,000 loan for the purchase of seven properties. The Lawrence County Housing Authority, which created Affordable Housing, provided the group with $200,000 in start-up funds.

DeRosa said he took money from two friends who sold their properties to Affordable Housing.

“Those payments weren’t disclosed to the bank,” he said. “And I was present and helped get money to Gary Felasco’s lawyer.”

Felasco is a former county treasurer who was convicted on theft and embezzlement charges in 2006.

“I’m sorry for what I did,” he said. “It ruined me and brought shame and disgrace to me and my family.

“It doesn’t take away from all of the good work I’ve done raising money for college scholarships and public service, but it still doesn’t add anything, either, and this is probably what I’ll be remembered for, not the good works I’ve done.”

Prior to the scandal, DeRosa had served on governmental and community boards. A longtime educator, he also was elected to city council and named to Slippery Rock University’s Council of Trustees.

But controversy followed as well. Most of it dealt with his role as the school district’s assistant superintendent. The school board hired attorney Richard A. Harper in 2004 to review a state audit critical of the district and DeRosa.

The audit outlined DeRosa’s gambling activities, which allowed him to obtain free hotel rooms for board members attending a 2002 conference; issues regarding travel while representing the district; his failure to disclose financial interests; and food purchases he made from the district without prior approval.

Harper’s report became a critique of DeRosa’s shortcomings as an administrator.
His retirement in July 2006 created a stir when it was disclosed he would receive approximately $69,000 for unused sick and vacation days. That amount was in addition to the $40,000 he was paid as part of the district’s retirement package for administrators.

DeRosa’s pension is estimated to be $100,000 annually.

In addition to his North Cascade Street home, DeRosa is a part-owner of a condominium in Collier County, Fla. The property is valued at approximately $98,000.

“I have very little money and little reputation to speak of left,” DeRosa said. “I am older than I want to be.”

Friday, February 18, 2011

Parent lashes out at Razzano

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

The controversy involving New Castle’s youth football program and the district’s head football coach spilled onto the basketball court.

The parent of a high school student denounced board member Barbara Razzano for an alleged verbal confrontation Feb. 11 at the girls and boys varsity contests against Ambridge in the Ne-Ca-Hi Field House. Pat Minenok detailed his complaint during Wednesday night’s regular school board meeting.

Minenok said his daughter, Lauren, was preparing to sing the national anthem when Razzano approached him about remarks he made during a youth football banquet last week.

“This was a special night,” he said. “My daughter’s first and only Senior Night.
“(Razzano’s) bent over, and she’s in my face. She’s distracting me and my family. I can’t believe she thought this was an appropriate time and place to have this conversation.”

Minenok is an assistant varsity football coach on Frank Bongivengo Jr.’s staff. He also serves as commissioner for the youth program that Bongivengo oversees in an advisory role.

BACKGROUND

Razzano has been seeking documents related to the program while it has been under Bongivengo’s direction. She filed a Right to Know request with the district.

Unsatisfied with its response, she went to state Office of Open Records. The agency ordered the district to comply, which solicitor Charles Sapienza said it has done, despite not having the records in its possession. In April, the sides will appear in Lawrence County common pleas court as Razzano pursues an enforcement order.

The state Attorney General’s Office is reviewing a potential criminal case against the head coach.

“I’m not one to lower myself and explain everything,” Razzano said. “There was a presentation made by Mr. Minenok that I thought was very inappropriate.

“Many people did approach me and say it was appalling about what he said at that banquet. When I approached him, it wasn’t during the national anthem.

Minenok attempted to correct her and said the event did not take place while his daughter was singing.

“I said it was just before,” he said.

THE BANQUET

The banquet occurred two days earlier at George Washington Intermediate Elementary School. Minenok said he mentioned Razzano’s name regarding rumors about the program. He then noted where she lived in relationship to George Washington, where youth teams practice. The Bongivengos and Minenoks, who are neighbors, have homes by the school and can see Razzano’s house from their front yards.

Minenok said when Razzano approached him he didn’t want to talk. He reportedly asked Razzano several times to leave.

“Why did I mention her name? There was a rumor circulating about the program that I wanted to stop,” he said. “I know for a fact they were false and that she’s the woman in the paper with her face, her picture, her name in regards to the football program.

“Why did I mention where she lived? ... I thought it was very unusual that if (Razzano) had any genuine concerns about our program why (she) wouldn’t just walk out (her) back door and come and ask me.”

The board member said she acted properly.

“I was not screaming. All I did was I asked (Minenok) to clarify what was said at that banquet, which I think I needed to know. If you’re talking about me and a Razzano clique, then I should be aware of what you are saying about me.”

Minenok said Razzano spoiled his daughter’s Senior Night.

“This woman intruded upon our family time. Now the focus has been removed from my daughter and now it’s on her.

“If she has any class, any dignity, any professionalism, she will apologize to my daughter for ruining her Senior Night.”

Minenok said if Razzano couldn’t control her emotions, she should resign her position on the board.

Razzano countered that Minenok’s actions should be scrutinized. She said his comments represented an opinion of her open records lawsuit against the district.

RESIGN?

“I don’t believe there is any place for an assistant varsity football coach and commissioner of the New Castle youth football program to make a speech concerning a matter being investigated by the state Attorney General at a venue such as this,” she said.

“Now, who is the one that should resign?”

Razzano also rejected the assertion she marred Lauren Minenok’s experience.

“Well, I thought his daughter, Lauren, did a magnificent job singing the national anthem as usual. I witnessed her performance while sitting next to my friends in my own seat — not next to Pat Minenok.”

Minenok’s wife, Roberta, said she was unnerved by the event.

“I feel very threatened,” she said. “What is stopping her from continuing this type of behavior?”

Pat Minenok said his attorney sent a letter to Razzano telling her to stay away from him and his family.

Superintendent George Gabriel asked Sapienza to determine if any violation of the district’s code of conduct occurred.

After the meeting, Minenok phoned The News to say he received a call from an unidentified male, who told him to watch his back. Minenok said he contacted the city police to file a report.

Thursday, February 17, 2011

Judge rejects district’s effort to dismiss lawsuit

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

Judge J. Craig Cox rejected a motion Monday to dismiss a lawsuit seeking the enforcement of an open records ruling.

The Lawrence County common pleas judge denied the New Castle school system’s request. Cox did not provide an opinion with his ruling.

A hearing involving the district and board member Barbara Razzano will take place at 9:30 a.m. April 4.

Razzano’s attorney, Ronald D. Barber, petitioned the court in January to require the district to comply with the state Office of Open Records ruling. Razzano wanted paperwork associated with the operation of the city’s youth football league, which is supervised by Red Hurricane head coach Frank Bongivengo Jr.

The state agency backed Razzano in a April 12, 2010, finding. Although the agency lacks enforcement powers, its rulings are binding. Razzano filed her enforcement petition nine months after the agency’s decision.

In court paperwork, district solicitor Charles Sapienza maintained the district did all in its power to comply with Razzano’s request. He added the school system did not possess, control or create the records.

The information given to her came from Bongivengo and board member Mark Kirkwood.
Sapienza also argued that Razzano had engaged in “litigation without limitation.”

He noted the state’s Right to Know Law does not permit filings to the common pleas court 30 days after an appeal period.

“(Razzano) cannot nor should not have an indeterminate amount of time to file (her) petition,” he wrote.

The Pennsylvania State Police conducted an investigation of Bongivengo. On Jan. 12, county District Attorney Joshua Lamancusa said he asked the state Attorney General’s Office to pursue criminal prosecution.

As of yesterday, no charges have been filed.

Bat may hamper school district’s project

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

New Castle school officials unearthed an endangered species while mapping plans for a $19 million renovation project.

The U.S. Fish and Wildlife Service placed a temporary “Do Not Disturb” sign on 20 acres the district is obtaining through eminent domain.

The Harry W. Lockley Early Learning Center is located within the 10-mile hibernation and nesting area of the Indiana bat. In a letter dated Friday, the agency advised of the bat’s designation, which has been listed as endangered since 1967.

David Esposito of Eckles Architecture & Engineering discussed the development during the school board’s work session Tuesday. He said the bat’s presence may slow the project.

“It’s the tiniest of little things,” Esposito said.

On its website, the agency said the bat weighs no more than three pennies but has a wingspan between 9 to 11 inches. Found in the eastern part of the country, its population numbers approximately 387,000 as of 2009. During the summer, the bats live underneath the bark of dying or dead trees.

Between April 1 and Nov. 15, the district isn’t permitted to remove trees wider than 5 inches in diameter.

“I’ve never gone this far (in a project) where there’s been a (federal) prohibition,” Esposito said. “The site in Grove City had rattlesnakes, and I had some kind of frog in Venango County that triggered a hit. But it turned out it wasn’t there.”

Of the 20 acres, the district’s concern centers on one acre. Esposito said the district will contact the Fish and Wildlife Service to receive its permission to clear that section.

The agency said the project “will not have a significant adverse affect on the overall habitat quality for the Indiana bat.”

During last night’s regular session, the board voted 8-1 to obtain the land adjacent to the current Harry W. Lockley Kindergarten Center through eminent domain. Barbara Razzano, who voted against the project when it was first proposed, opposed the move.

New Castle offered Solid Rock Ministry $90,000, which was the higher of two appraisals the district obtained. The owner countered with an asking price of $125,000.

Charles Sapienza, the district’s solicitor, said the sides will continue to negotiate on a price. If an agreement can’t be reached, the dispute will be heard by a review board created by the Lawrence County common pleas court.

The district conducted a special meeting Tuesday for public comment about the land acquisition. No members of the public attended.

Tuesday, February 8, 2011

School board narrows field to four companies

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

New Castle’s school board will consider four Pittsburgh firms to serve as construction manager of the district’s early learning center.

In its special session Wednesday, the board selected Massaro Construction Management Services, Chronicle Consulting LLC, P.J. Dick Inc. and Thomas & Williamson to deliver presentations. The board will interview the companies during a two-day period. The dates have not been announced.

The hiring of a construction manager is the next step in the district’s $19 million renovation of the Harry W. Lockley Kindergarten Center into the H.W. Lockley Early Childhood Learning Center. The facility will house kindergarten through second-grade students.

The board had hired John M. Pappas of Eckles Construction Services as consultant. He ranked seven firms in eight categories.

“I had to find a way to be able to analyze it based on a set group of criteria,” Pappas said. “Every firm is different.

“(The system) took the companies with the most experience and the people with the most experience and elevated them to the top. It didn’t necessarily looked at them based on fee.”

Each segment ranged from zero to five points. Three areas focused on fees, hours needed to perform the work and the company’s distance from New Castle. Four categories centered on the company and its employees experience with Pennsylvania school projects. Lastly, the company’s thoroughness in completing its proposal was addressed.

The scores for the Pittsburgh firms ranged from 23 to 27 points. The three remaining businesses were ranked as follows: GP Construction Inc., Edinburg, (16); Scaparotti Construction Group, Cleveland, (13); and Pathline Inc., Altoona (12).
Board member Brad Olson and Anna Pascarella questioned the placement of Scaparotti Construction.

“They would be in the top one or two as far as construction experience.” Pappas said.
However, the business’ school projects were done in Ohio.

“(Ohio’s) system is just different,” he said. “It’s not how it works here.”
Olson said Scaparotti representatives should be permitted an interview.

“We are basically assuming they may struggle with some of the differences,” he said. “To exclude them because we don’t know whether they are able to handle the red tape in Pennsylvania without providing them an opportunity to respond to that I believe that’s unfair.”

Prior to determining which companies would be selected, board President Allan Joseph asked that Eckles Construction be included in the interview process.

Joseph asked Pappas to leave the board room before making the suggestion. Because the meeting was public, Pappas could have ignored the request but agreed to step out.

“They’re the lowest price,” Joseph said. “They’re the closest ones here. They’ve done other school projects for us before.”

Eckles Construction Services submitted a bid of $320,000. However, the board asked the firm to retract its proposal to avoid the appearance of a conflict of interest.

Eckles Architecture & Engineering is handling the architectural part of the project.
The two businesses are separate entities but have overlapping ownership interests.

“Price-wise, experience-wise, they’re probably there at the top,” Joseph. “I just wanted to throw it out in case anyone wanted to think about it or consider it.”

The board declined the request in a polling of the seven members present.

Monday, February 7, 2011

Jersey Sure

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

Brian Caiazza wondered what call to make.

Pittsburgh trailed Green Bay, 28-25, with four minutes left in Super Bowl XLV. Was this the time to bring his employees into work?

Before he decided, Packers quarterback Aaron Rodgers hit James Jones on a 21-yard pass to the Pittsburgh 8. Four plays later, a field goal increased Green Bay’s lead to six points.

Caiazza waited.

“T-shirts are a pretty stressful business,” the owner of New Wilmington-based Cazzco said.

Cazzco specializes in the silk-screening, embroidery and design of garments. On Super Bowl Sunday, the business became a “hot market” contractor for Vanity Fair Clothing, which is licensed to sell NFL merchandise.

“We print for everybody within 100 miles of us that Vanity Fair holds a license to,” Caiazza said. “If the Indians, the Pirates, the Steelers, the Cavs, the Penguins, the Browns ... if any of those people go to a championship game, and Vanity Fair wants to make money on it or wants to sell merchandise, they look to us.

“Guys like us will wait until the win. Basically, the contract is, Vanity Fair gives you the (merchandise), now wait. You’re not allowed to do anything until the game ends.”

A Pittsburgh victory allows Cazzco’s equipment to print NFL-approved, championship T-shirts. As the two-minute warning neared, Vanity Fair’s NFL representative knocked at the door.

He held the holographic stickers that transform a regular garment into league-approved apparel. He attaches a sticker to each T-shirt. They are packaged and delivered to a central hub.

“You’re here at the perfect time,” said Brian’s father, Butch.

Brian Caiazza looked at the newly arrived guest.

“You want me to call everyone in?”

The logo for the championship shirt was made long before the Steelers advanced to the Super Bowl. A blizzard delayed the T-shirts’ arrival from Chicago to Friday. A test run later that day produced four samples.

With the game clock at 1:59, Butch Caiazza took his young grandson’s arms and fashioned them into a touchdown signal.

Days before the game, the elder Caiazza said he had put everything into perspective. A Pittsburgh win would be nice — the company sells products at nationwide events — but if Green Bay comes out on top, that’s OK. At least Dallas isn’t playing, he said.
With 56 seconds left and Pittsburgh facing a fourth-and-5, he changed his mind.

“Oh yes, it’s that important.”

An incomplete pass and Brian Caiazza’s decision had been made.

“It’s been real,” the NFL rep said. A few moments later, he was out the door.

Butch Caiazza, who remained in his chair, smacked his hands.

“It’s so sad,” he said. “Onto the Penguins.”

Thursday, February 3, 2011

Ellwood City dismisses injury claim

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

An Ellwood City police officer kept his composure while dealing with an erratic suspect, the borough’s solicitor said.

Edward Leymarie Jr. rejected Vicki Marie Kenney’s claim that Officer Michael McBride used excessive force and placed her under false arrest after a traffic stop on May 30, 2009. The 46-year-old Zelienople resident filed suit against the borough and McBride on Dec. 30 in U.S. District Court, downtown Pittsburgh.

“Not once did she come in here and say excessive force was used,” said Lt. Dave Kingston, who headed the department at the time. “The first we ever heard about it was the letter we received.

“Most of the people know Mike and know he’s a level-headed person.”

McBride had stopped a car that had left a Franklin Avenue club 15 minutes earlier. Kenney and her boyfriend, Jason Patrick Roberts, 49, were passengers in a car driven by Joshua Robert Shurtz, 21. The three were borough residents when the incident took place.

McBride chased the vehicle after it swerved and struck parked vehicles, Leymarie wrote in the borough’s response filed Jan. 20. McBride also saw drugs being tossed from the vehicle.

“She was actively attempting to hide money and drugs in the vehicle, so she was taken into custody,” Kingston said.

Kenney’s attorney, Gianni Floro of Moon Township, said his client was injured while in custody. He claims that during an interrogation, McBride injured Kenney’s arms, tore her left rotator cup and caused psychological trauma.

“She was the one that was jumping up out of the chair and had to be controlled,” Kingston said. “She never complained to the Ellwood City police department ever that she was hurt in any way after the arrest.”

Kingston said McBride used a “soft-hand control technique.” That happened when Kenney reportedly became “irrational and unreasonable while being questioned by Officer McBride,” according to court paperwork.

Kingston said he questioned McBride and two officers separately after the event.
“I believe he acted accordingly and didn’t violate any policies,” he said. “Officer Chris Hardy told me Mike handled the situation appropriately.

“If she had just complied, sat there and been calm, no force whatsoever would have been used.”

Kenney faced two drug-related charges, which were withdrawn. Roberts pleaded guilty to a misdemeanor count of possession. He was sentenced to the 16 days that he served in the Lawrence County jail and given 30 days probation.

Shurtz, who was charged with six offenses, pleaded guilty to DUI. He was placed under house arrest for seven days, served community service and ordered to forfeit approximately $600 and his 2002 Volvo.

Kenney, who wants a jury trial, is seeking in excess of $75,000. The parties are scheduled to meet March 3.

“We’re cognizant that we can be sued at any time,” Kingston said. “Most of them are frivolous.”