Ex-police chief on trial today
Former Cecil Township police Chief John Pushak’s trial is set to begin this morning in Washington County court on charges stemming from allegations he siphoned more than $10,000 from a special department fund and used it to gamble in two area casinos.
Pushak, 67, faces felony charges of theft and failure to make required deposits of funds and a misdemeanor charge of misapplying entrusted government property.
Pushak sat quietly and moved little during jury selection Monday before Judge Gary Gilman, as many of the 45 potential jurors – whittled down to 12 jurors and two alternates who will decide the case – chatted and fidgeted while they waited for the four-hour process to wrap up.
State police filed charges against the former chief in March 2014, alleging he misapplied funds between January 2010 and January 2013 to gamble at The Meadows Racetrack in North Strabane Township and Rivers Casino in Pittsburgh.
“We are confident that as this case and the trial proceeds there will be a strong showing that Mr. Pushak is not a criminal and did not participate in any criminal actions throughout his exemplary 32 years as chief,” said Joe Francis, one of Pushak’s attorneys.
Both sides said in the weeks after charges were filed they were discussing a plea bargain in the case. The deal was never reached.
Francis said his client “was not willing to enter into a plea deal because there’s nothing that he should be convicted of.”
Pushak resigned April 2013, having served 38 years with Cecil Township Police Department. He was placed on administrative leave a little more than a month before, after authorities became aware of possible irregularities involving the federal property account.
Pushak allegedly admitted during an interview with Trooper David Bayer in December 2013 to mismanaging the federal property account and using the money to gamble when his personal credit and debit cards were at their limit, according to court documents.
The account was created in 2009 with money from the Drug Enforcement Administration and carried stipulations the money could only be used to advance drug investigations or buy equipment.
Court records also indicate Pushak returned the money to the account.
Bayer accused Pushak of using a debit card tied to the account to make 31 disbursements unrelated to drug cases.
Township supervisors hired auditors Cypher & Cypher and an attorney specializing in employment law in February 2013 to investigate concerns about the account.
Township supervisors voted last year to ask for the expenses of an investigation concerning the fund in restitution in the case. Township officials put the total cost of the resulting legal fees and costs of the audit at about $36,500.
Assistant District Attorney Jerry Moschetta said the prosecution will seek restitution for the township if Pushak is convicted.
Pushak, who has been free on his own recognizance since he was arrested, declined comment following jury selection Monday.