Judge dismisses cases because of Rule 600 violation
Two 12-year-old cases were dismissed Tuesday after Washington County Judge Valarie Costanzo determined their time frames violated the Pennsylvania Rules of Criminal Procedure, which require cases be brought to trial within a year.
Costanzo’s decision removed several felony and misdemeanor charges against Darel Barbour, 32, whose last known address was 59 W. Katherine Ave., Washington. Barbour was facing charges of aggravated assault with weapon, reckless endangerment, robbery, theft and criminal conspiracy after allegedly robbing two men in a Washington home July 14, 2003.
Barbour, along with Brandon Wise, 31, and Marlous L. Johnson Jr., 30, whose addresses are unknown, was accused of robbing John Krasonic and Jeremy McKean at Krasonic’s apartment at 63 S. Wade Ave.
Wise reportedly put a gun to Krasonic’s head and ordered him to the floor as he cocked the weapon. McKean was ordered to face the back of a couch.
Krasonic gave the men $100 and McKean handed over $20. Two cellular telephones also were stolen, police said. Johnson and Barbour demanded cash from the two victims. They also told Wise to shoot the victims, police said.
Wise was sentenced to 2 to 5 years in a state prison facility in September 2004 after pleading guilty to aggravated assault with a weapon, robbery and criminal conspiracy. Johnson, 30, entered a plea of no contest to the same charges and was sentenced in 2005 to 1 year less one day and 2 years less one day in Washington County jail. Johnson was also sentenced to 12 months of probation.
Barbour also faced charges as the result of a vehicle accident. He was charged with failure to stop at the scene of an accident, failing to possess a driver’s license and failing to have insurance after an accident in the 500 block of East Maiden Street Nov. 14, 2002.
Washington County Assistant District Attorney Leslie Ridge said Barbour failed to appear for an October 2004 trial date and that a bench warrant was issued for his arrest. Barbour was out of jail on bond when he failed to appear, court documents said.
“He was gone for over 10 years,” she said.
He was arrested Sept. 9 and his attorney filed a motion for a Rule 600 hearing Oct. 7, Ridge said. The hearing was held Dec. 29, and Costanzo reached her decision in an order dated Tuesday. Costanzo came to the decision after a “review of the briefs submitted by the parties, testimony presented at (the) hearing, pertinent case law and the official record,” court documents said.
Ridge, in a motion arguing the cases against Barbour should not be dismissed, said Barbour was at fault in the delay of the cases.
“It is legally unsound to absent yourself from the judicial process for over a decade and then come to the court and assert that your speedy trial rights have been violated,” Ridge said in court documents. “The court’s granting the Rule 600 motion of the defendant would only serve (to) provide an avenue for future defendants to frustrate the system and avoid prosecution.”
Ridge said the district attorney’s office will appeal Costanzo’s decision to Superior Court.