May 12, 2015

A magisterial district judge dismissed more than half of the charges lodged against a 61-year-old West Chester man in connection with his father’s death.

On Monday, May 11, following a four-hour preliminary hearing, Magisterial District Judge John R. Bailey ruled that sufficient evidence existed to hold Edward J. O’Brien III for trial on charges of involuntary manslaughter and reckless endangerment. He dismissed charges of third-degree murder, theft, and receiving stolen property.

O’Brien was arrested last month after a lengthy investigation by West Whiteland Police and Chester County Detectives into the death of Edward O’Brien Jr., 92, on Sept. 8, 2013. At the time, Chester County District Attorney Tom Hogan decried the way in which the elder O’Brien died in allegedly filthy conditions with no medical supervision. O’Brien’s attorney, Joseph P. Green Jr., called the charges outrageous and accused Hogan of resorting to “trial by press release.”

Hogan declined to comment on the dismissal of the charges. Green said he was not “allowed to comment.” According to court records, Chester County Judge Ann Marie Wheatcraft issued a gag order in the case after Green filed a motion in which he argued that Hogan’s remarks to the press following the arrest were improper.

According to the criminal complaint, when police responded to the O’Briens’ residence, they found the victim dead, covered with bedsores and feces, and they learned that the son had removed his father from a rehabilitation facility two years earlier. After investigating, detectives believed that the son had deprived his father of proper medical care and stolen $30,000 from him, the complaint said.

Green said his client, who had power of attorney for his father, removed him from the facility in accordance with his wish to be spared “death by nursing home” and that he moved money from one joint account to another, using it for his father’s care for 2 ½ years.

 

 

A couple of Pocopson Township agenda items did not materialize on Monday, May 11, shortening the supervisors’ meeting to about 45 minutes.

The supervisors said Toll Brothers postponed the closing on the wastewater treatment facility at the Preserve at Chadds Ford subdivision. Supervisors’ Chairman Barney Leonard said he expected the township would take possession of the facility within two weeks, at which point it would be sold to another wastewater firm operator.

A vote on the Phase Two Scope of Work for Barnard House was delayed because the supervisors had not yet heard back from Dennis Melton of Melton Architects. Melton appeared at the last meeting and said he would work to respond to the supervisors’ questions and suggestions regarding the interior layout.

The early 1800s stone house, once a stop on the Underground Railroad, is being repurposed as the township’s administrative offices and a home for the Kennett Underground Railroad Museum. The project has generated conflict over its renovation costs: more than $600,000 to date with $825,000 in projected costs in the 2015 budget.

The bulk of Monday night’s meeting focused on questions involving open space in the Taylors Run subdivision. Steve Grabicki and Jo Cheeseman, who are renovating a residence on a contiguous property, said they are interested in buying or leasing the land for use as horse pasture.

Eric Welsh, one of three Taylors Run homeowners who attended the meeting, said he and some of his neighbors didn’t even know the development had open space and would prefer not to have to maintain it. However, the supervisors explained that all 11 homeowners must set up their homeowners’ association before any decisions can be made.

“You’re going to need an attorney to help set this up,” said Supervisor Georgia Brutscher.

Supervisor Ricki Stumpo said the residents were welcome to use the township building for their meetings as long as they are scheduled in advance. “You’ve got to start your HOA,” Stumpo said.

Citing efficiency, the supervisors agreed to authorize a public hearing on the adoption of ordinances on building codes, wireless communication, alternative energy, and rental properties at their first meeting in July. Susan Simone, the township secretary, said drafts are available for review at the township building and would be added to the township’s website well before the meeting.

The supervisors voted unanimously to renew their municipal insurance with Frances Hall Insurance Services. By switching carriers, a change recommended by Bob Hall, the cost of $38,322 represented a savings of about $200 from the previous year.

The board also agreed to approve an entry-level, full-time position in the township’s Public Works Department. Director Mark Knightly will begin interviewing candidates, said Leonard.

Leonard read a resolution thanking the county’s longtime zoning solicitor, Fronefield Crawford, for about 30 years of “exemplary efforts” representing Pocopson. Supervisor Ricki Stumpo explained that Crawford was moving to Unruh Turner Burke and Frees. Since Ross Unruh is the township solicitor, Crawford would no longer be able to provide zoning counsel to the township since those positions must be independent of each other.

The township’s Zoning Hearing Board is in the process of interviewing candidates, Leonard said. He said he expected to have a recommendation from them within the next month.

With the promise of warmer weather and increased motorcycle riding on Pennsylvania roadways, Governor Tom Wolf has chosen May as Motorcycle Safety Awareness Month, stressing the importance of all motorists sharing the road and riders practicing motorcycle safety, a PennDOT press release said.

“The safety of all Pennsylvania motorists is an issue of the highest consequence, and all highway users should unite in the safe sharing of roadways throughout the Commonwealth of Pennsylvania,” Wolf said in his proclamation.

Reversing trends in recent years, the number of registered motorcycles dipped by more than 4,000 and licensed motorcyclists grew by a modest 700 last year.  Although crashes dropped from 3,427 in 2013 to 3,284 in 2014, resulting fatalities rose from 181 in 2013 to 186 in 2014.

Emphasizing the importance of motorcycle safety, PennDOT Secretary Leslie S. Richards, joined by representatives from the Pennsylvania State Police, the Pennsylvania Motorcycle Safety Program (PAMSP) and the Alliance for Bikers Aimed Toward Education (A.B.A.T.E.), reinforced messages aimed at sharing commonwealth roadways with motorcyclists and recognized an important milestone for motorcycle safety at an event held today at Appalachian Harley Davidson in Mechanicsburg.

As part of the event, Richards recognized the contributions of all individuals who have worked with PennDOT through the PAMSP to bring 30 years of free, quality motorcycle training to Pennsylvania residents with a motorcycle license or permit.  Since it began offering training in 1985, PAMSP has trained more than 450,000 motorcyclists.

Taking an approved motorcycle safety training course provides riders the opportunity to learn or refine skills that may reduce the chances of being killed or injured in a crash. New and seasoned riders can take advantage of free basic, basic rider 2, advance rider, and three-wheeled motorcycle training courses offered at locations around the state through the PAMSP.  For more information or to register for a course, visit www.pamsp.com or call 1-800-845-9533.

With the intent to further enhance training to mitigate crashes, PennDOT unveiled a new dimension in motorcycle safety training with the introduction of the SKIDBIKE™ as a tool for experienced and beginning riders alike.  Pennsylvania is the first state to incorporate this technology into its motorcycle training programs and will use it initially to train new riders.

Through a series of attachments to a motorcycle’s frame, the SKIDBIKE™ can be adjusted to duplicate adverse conditions and teach riders proper techniques without risk to the rider or equipment.  Three SKIDBIKEs™ will be deployed to various regions of the state for use at PAMSP course locations.

As another part of its continuing effort to reduce motorcycle crashes and fatalities, PennDOT maintains the Live Free Ride Alive campaign, which uses social media, radio advertising, face-to-face interaction with riders at rallies and bike nights, and an interactive website to engage the riding community.  The interactive website, www.LiveFreeRideAlive.com, is designed specifically for riders and challenges them to take personal responsibility for their own safety.

Additional safety information for motorists and motorcyclists is available by selecting the Motorcycle Safety link under the Traffic Safety Information Center at www.justdrivepa.org.

 

Unionville-Chadds Ford School Board directors now have a proposed final budget to vote on in June. Property taxes will rise, but not quite as much as anticipated.

Instead of a proposal to bring about a weighted tax increase of 2.85 mills for Chester and Delaware County residents, the increase currently on the table for next month’s vote is 2.01 mills.

That increase would mean Chester County property owners in the district — with property assessed at $260,000 — would pay an extra $126 per year. Chadds Ford Township property owners, the only Delaware County residents in the district, would pay an additional $160 per year.

The specific millage for each county would be 26.92 mills in Chester County, 22.83 mills in Delaware County. (A mill is a tax of $1 for every $1,000 of assessed property value.)

After a long discussion with directors’ examining different scenarios, the board came to its decision with a 5-4 vote on Monday, May 11. A final vote on spending and taxes for the 2015-2016 school year will happen during the June 15 meeting at the district office.

To keep the tax increase lower than anticipated, the district will spend $500,000 of its surplus. Total spending next year is expected to be $79.29 million.

There are a number of new expenses in the budget. The board approved spending $2.3 million for renovations to CF Patton Middle School and more than $300,000 for work at Hillendale Elementary School.

Also new for next year is spending more than $150,000 on technology upgrades in the middle and high schools, $300,000 for new school buses, and more than $2 million on curriculum initiatives. Among those is an expense of almost $160,000 for Chromebook tablets for students as part of a pilot program.

There is also a proposed spending increase of up to $300,000 for special education.

The board will also consider for next month’s vote a proposal from Director Robert Sage for a line item of $50,000 to “facilitate teaching excellence.”

He said the money could be used for awards or a banquet and to promote the district at top-level teaching colleges to recruit exceptional teaching prospects.

Several teachers in the audience took exception to the idea, saying that recognizing one teacher over others would be unfair to the other exceptional teachers and that the money would be better spent on teacher salaries.

The district and teachers’ union are still negotiating a new contract.

The Chester County Elder Abuse Task Force would like to invite the public to attend its second annual Elder Justice Day on Wednesday, May 13.

Designed to be a day of education directed to the older adult or their caregivers, the event will take place from 9:30 a.m. to 1:30 p.m. at Westminster Presbyterian Church, 10 W. Pleasant Grove Rd., West Chester, Pa., 19382, a press release from the Crime Victims’ Center of Chester County said.

The program will feature welcoming remarks by Chester County District Attorney Thomas Hogan. Guest speakers from the State Attorney General’s Office and the United States Postal Service will address various crimes against the elderly and how to reduce their risk of victimization, the release said.

In addition, a local attorney will discuss what elder individuals need to be aware of regarding power of attorney, while the community outreach coordinator from the Crime Victims’ Center of Chester County will talk about the services available for elder victims. A question-and-answer panel will conclude the program.

The Chester County Elder Abuse Task Force is a joint venture of the Chester County Area Agency on Aging, the District Attorney’s Office, the Chester County Detectives, The Crime Victims’ Center of Chester County, Inc., and local providers in response to the growing number of court cases involving the elderly in Chester County.

The preliminary hearing scheduled for a 27-year-old area disc jockey accused of sex, pornography, and drug offenses was postponed in West Chester district court.

Daniel J. Milowicki, who has residences in Westtown and West Bradford townships, appeared before Magisterial District Judge Mark Bruno on Tuesday, May 12. After conferencing with defense attorney Alexander Silow and Deputy District Attorney Carlos Barraza, Bruno said the case would be continued.

Later, Bruno declined comment, except to say that “there might be some sort of conflict of interest.” Chester County District Attorney Tom Hogan said if a conflict exists, the case would likely be rescheduled in another district court.

According to the criminal complaint, an investigation by state police began after a 21-year-old female responded to an Internet ad on Craigslist looking for a petite model, and Milowicki took her to his home for the “photo shoot.” She told police that he insisted that she engage in sex acts and threatened to release video of them if she didn’t continue to comply, the complaint said.

After the victim contacted state police, troopers executed a search warrant on Feb. 25, seizing recording materials, hundreds of images of child pornography, surreptitiously recorded “up-skirt” videos of young women, and a marijuana-growing operation, the complaint said.

Milowicki was self-employed as a photographer and disc jockey for weddings, parties, children’s birthday parties, school dances, bars, and other events in the area, the complaint said. An online profile lists him as a “DJ, disc jockey, producer, photographer, videographer, musician, graphic illustrator, and more.”

After Milowicki’s arrest on charges that include involuntary deviate sexual intercourse, possession of child pornography, invasion of privacy, and drug offenses, Hogan said that authorities believe other victims exist and he urged them to come forward. He declined to comment on whether any had done so.

Milowicki remains free after posting 10 percent of his $250,000 bail. Both Silow and Barraza declined to comment on the case.