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3 have robbery charges bound to county court
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MOUNT CARMEL — Hearings for two suspects accused in a string of strong-armed robberies last month was clear-cut Thursday, thanks to two cell phones and alleged positive identifications by witnesses.
In a hearing before Magisterial District Judge Michael F. Mychak, all charges against Marcos Guerrero, 19, of 1330 W. Linden St., and Jose Acosta, 20, of 1914 Hamilton St., both in Allentown, were ordered bound to court following a 2-1/2 hour preliminary hearing. “We have video, testimony and cell phones, there is enough evidence to send the cases to court,” Mychak said.
Both individuals are charged with two felony counts of aggravated assault and robbery, and felony charges of criminal conspiracy to commit robbery, receiving stolen property, firearms not to be carried without a license, possessing the instrument of a crime. They also face misdemeanor charges of simple assault, recklessly endangering another person, theft by unlawful taking, and receiving stolen property.
The charges stem from a June 3 robbery at a car wash in Mount Carmel Township, near
the Silver Bowl, and on Orange Alley near Turkey Hill Minit Market inside the borough. A third case is pending in the city of Shamokin.
Thursday’s court proceedings were similar to those last week, which lasted 3 1/2 hours, when two co-defendants, Yoel J. Luciano, 21, and Jonathan M. Nolasco, both of 1118 W. Tilghman St., Allentown, saw their charges bound to court in the borough robbery.
But charges filed against Luciano and Nolasco in the Mount Carmel Township robbery were dismissed.
And just like last week, Thursday’s hearing lasted longer than normal as Northumberland County Adult Probation Worker Esther Rhodes was needed to interpret the proceedings for the two suspects and family members who attended the hearing. A second interpreter translated conversation among the defendants and their attorneys.
Eariler in the afternoon, a fifth defendant in the robbery spree, Engel Vargas, 22, of 31 N. 12th St., Allentown, waived his right to a preliminary hearing and was scheduled for a court arraignment on Oct. 3 in Northumberland County Court.
Mount Carmel case
The most telling testimony Thursday came from two of robbery victims, which included new exhibits entered by Assistant District Attorney William Cole.
The first victim to testify in the borough case, a 16-year-old Mount Carmel female, testified she was approached by Guerrero who asked to use her cell phone. She told the court when she was fishing the phone out of her purse, Guerrero snatched the purse away, shoved her and said he wouldn’t give her belongings back.
“Why did you go to give him your cell phone?” Cole asked during direct testimony. The victim replied, “I was scared that if I refused he would try to hurt me.”
As the victim and another witness went running back to the convenience store to call police, she testified that Acosta, who was standing near the entrance to Family Dollar next to Turkey Hill, pointed a gun at her, holding it about chest high and cocked to the side.
After the victims identified the alleged assailants, Cole produced a cell phone and asked the victim to identify it, and she said that it was her cell phone. When asked how she knew that it was, she noted that the background of the phone when it was opened was a picture of her.
During cross-examination by Guerrero’s attorney, public defender Paige Rosini, the victim denied any of the robbers had threatened her. More questions came about how the assailants were dressed, and the victim replied that he was wearing a white shirt and blue jeans.
In further cross-examination by Acosta’s attorney, John Reed, the victim could not remember which in which hand the gun was being held by the man near Family Dollar.
Reed went on to ask her to recall when police officers showed her photos of the suspects and how long ago it was.
“Do you recall when you were shown photos of the suspects by the police?” Reed asked.
“Yes, it was about two weeks after the robbery,” she replied.
“Do you remember seeing pictures of the suspects in the newspaper before then?” Reed asked and the victim agreed.
The victim’s friend, the next witness called to the stand, also identified the phone as the victim’s. However, she admitted during cross-examination that she could not remember the person who pointed the gun or the person who robbed her.
She testified during cross-examination by Rosini that after the robbery occurred, she noticed four black men running away. Rosini questioned her about this observation, about how she saw four men when the victim only mentioned two, saying the other two men were near the man with the gun. When asked by Rosini how far away the men were from she and the victim, the witness couldn’t remember.
Mount Carmel Township case
Next to testify was a 17-year-old Mount Carmel male, one of two victims in the Mount Carmel Township robbery.
The male testified that he and George Derr, 26, of Kulpmont, entered one of the bays at the car wash to get out of the rain as they were riding bicycles in the area.
“A few minutes later, we noticed four men coming into the bay, two of them looking around and then they came inside and started going through my pockets looking for stuff,” he said.
The victim told the court that his pager and cell phone was taken, and that Derr tried to stop the men from taking his wallet, but then had a gun pulled on him by Acosta.
When the 17-year-old accidentally took a step forward, he said the gun was then pointed at him. In turn, he stepped back and stood against the wall.
Cole then showed the victim a cell phone, which he identified as his own, again due to a picture saved onto the device.
The victim testified that, after the robbery, he observed the perpetrators enter a sport-utility vehicle (SUV), with a fifth person driving. He could not see who the driver was, he said.
In cross-examination by Reed, the victim said that he never saw the robbers’ faces because they were behind them at the time.
Police testimony
Mount Carmel Township Patrolman Daniel Politza and Mount Carmel Borough Patrolman David Donkochik each testified that both cell phones were found in a silver SUV that was pulled over by Schuylkill Haven police in Schuylkill County. Inside, the officers testified that a .25 caliber semi-automatic pistol was discovered and was found to be stolen from a home in Walnut Port.
When asked how Guerrero and Acosta were identified as being involved in the area of borough robbery, Donkochik said both defendants were observed in surveillance video shot outside Turkey Hill and still photos taken from the video footage.
When Rosini asked if copies of the photos were reviewed, Cole said they were not being entered into evidence at this time, so Mychak ruled that the defense had no right to see them.
Reed asked the officer about the video and his client, Acosta, allegedly observed in it.
Donkochik said Acosta was observed in the video entering the store with a black glove on his hand and then leaving the store 3 feet behind the victims. He said Guerrero was observed entering the store for a moment before exiting. He was then observed with four other individuals around a silver SUV in which the cell phones and handgun were reportedly found.
In a hearing before Magisterial District Judge Michael F. Mychak, all charges against Marcos Guerrero, 19, of 1330 W. Linden St., and Jose Acosta, 20, of 1914 Hamilton St., both in Allentown, were ordered bound to court following a 2-1/2 hour preliminary hearing. “We have video, testimony and cell phones, there is enough evidence to send the cases to court,” Mychak said.
Both individuals are charged with two felony counts of aggravated assault and robbery, and felony charges of criminal conspiracy to commit robbery, receiving stolen property, firearms not to be carried without a license, possessing the instrument of a crime. They also face misdemeanor charges of simple assault, recklessly endangering another person, theft by unlawful taking, and receiving stolen property.
The charges stem from a June 3 robbery at a car wash in Mount Carmel Township, near
the Silver Bowl, and on Orange Alley near Turkey Hill Minit Market inside the borough. A third case is pending in the city of Shamokin.
Thursday’s court proceedings were similar to those last week, which lasted 3 1/2 hours, when two co-defendants, Yoel J. Luciano, 21, and Jonathan M. Nolasco, both of 1118 W. Tilghman St., Allentown, saw their charges bound to court in the borough robbery.
But charges filed against Luciano and Nolasco in the Mount Carmel Township robbery were dismissed.
And just like last week, Thursday’s hearing lasted longer than normal as Northumberland County Adult Probation Worker Esther Rhodes was needed to interpret the proceedings for the two suspects and family members who attended the hearing. A second interpreter translated conversation among the defendants and their attorneys.
Eariler in the afternoon, a fifth defendant in the robbery spree, Engel Vargas, 22, of 31 N. 12th St., Allentown, waived his right to a preliminary hearing and was scheduled for a court arraignment on Oct. 3 in Northumberland County Court.
Mount Carmel case
The most telling testimony Thursday came from two of robbery victims, which included new exhibits entered by Assistant District Attorney William Cole.
The first victim to testify in the borough case, a 16-year-old Mount Carmel female, testified she was approached by Guerrero who asked to use her cell phone. She told the court when she was fishing the phone out of her purse, Guerrero snatched the purse away, shoved her and said he wouldn’t give her belongings back.
“Why did you go to give him your cell phone?” Cole asked during direct testimony. The victim replied, “I was scared that if I refused he would try to hurt me.”
As the victim and another witness went running back to the convenience store to call police, she testified that Acosta, who was standing near the entrance to Family Dollar next to Turkey Hill, pointed a gun at her, holding it about chest high and cocked to the side.
After the victims identified the alleged assailants, Cole produced a cell phone and asked the victim to identify it, and she said that it was her cell phone. When asked how she knew that it was, she noted that the background of the phone when it was opened was a picture of her.
During cross-examination by Guerrero’s attorney, public defender Paige Rosini, the victim denied any of the robbers had threatened her. More questions came about how the assailants were dressed, and the victim replied that he was wearing a white shirt and blue jeans.
In further cross-examination by Acosta’s attorney, John Reed, the victim could not remember which in which hand the gun was being held by the man near Family Dollar.
Reed went on to ask her to recall when police officers showed her photos of the suspects and how long ago it was.
“Do you recall when you were shown photos of the suspects by the police?” Reed asked.
“Yes, it was about two weeks after the robbery,” she replied.
“Do you remember seeing pictures of the suspects in the newspaper before then?” Reed asked and the victim agreed.
The victim’s friend, the next witness called to the stand, also identified the phone as the victim’s. However, she admitted during cross-examination that she could not remember the person who pointed the gun or the person who robbed her.
She testified during cross-examination by Rosini that after the robbery occurred, she noticed four black men running away. Rosini questioned her about this observation, about how she saw four men when the victim only mentioned two, saying the other two men were near the man with the gun. When asked by Rosini how far away the men were from she and the victim, the witness couldn’t remember.
Mount Carmel Township case
Next to testify was a 17-year-old Mount Carmel male, one of two victims in the Mount Carmel Township robbery.
The male testified that he and George Derr, 26, of Kulpmont, entered one of the bays at the car wash to get out of the rain as they were riding bicycles in the area.
“A few minutes later, we noticed four men coming into the bay, two of them looking around and then they came inside and started going through my pockets looking for stuff,” he said.
The victim told the court that his pager and cell phone was taken, and that Derr tried to stop the men from taking his wallet, but then had a gun pulled on him by Acosta.
When the 17-year-old accidentally took a step forward, he said the gun was then pointed at him. In turn, he stepped back and stood against the wall.
Cole then showed the victim a cell phone, which he identified as his own, again due to a picture saved onto the device.
The victim testified that, after the robbery, he observed the perpetrators enter a sport-utility vehicle (SUV), with a fifth person driving. He could not see who the driver was, he said.
In cross-examination by Reed, the victim said that he never saw the robbers’ faces because they were behind them at the time.
Police testimony
Mount Carmel Township Patrolman Daniel Politza and Mount Carmel Borough Patrolman David Donkochik each testified that both cell phones were found in a silver SUV that was pulled over by Schuylkill Haven police in Schuylkill County. Inside, the officers testified that a .25 caliber semi-automatic pistol was discovered and was found to be stolen from a home in Walnut Port.
When asked how Guerrero and Acosta were identified as being involved in the area of borough robbery, Donkochik said both defendants were observed in surveillance video shot outside Turkey Hill and still photos taken from the video footage.
When Rosini asked if copies of the photos were reviewed, Cole said they were not being entered into evidence at this time, so Mychak ruled that the defense had no right to see them.
Reed asked the officer about the video and his client, Acosta, allegedly observed in it.
Donkochik said Acosta was observed in the video entering the store with a black glove on his hand and then leaving the store 3 feet behind the victims. He said Guerrero was observed entering the store for a moment before exiting. He was then observed with four other individuals around a silver SUV in which the cell phones and handgun were reportedly found.
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