Nov 18, 2016 2 min read

A Washington County judge has rejected a bid for a new sentence by a police chief serving time in the county jail.

In an order filed Wednesday, Judge Gary Gilman denied a motion to vacate the sentence of former Cecil Township chief John T. Pushak, 67, who was convicted in June of theft, failure to make required disposition of funds and misapplying government property.

The charges stemmed from allegations Pushak took $9,927 from the department’s federal property account – a special fund set up with money from the Drug Enforcement Administration to be used in drug investigations or for equipment purchases – and used some of it to gamble at area casinos.

Gilman sentenced Pushak Aug. 29 to three to 12 months in jail, with eligibility for work release; four years of probation; and restitution. Pushak reported to the jail Sept. 12 and was granted work release two days later to assist Harry Fruecht, a police consultant and retired Peters Township police chief.

Attorneys Thomas Brown and Joe Francis, who represented Pushak at trial, sought resentencing for their client, saying they didn’t receive a lengthy sentencing memorandum by the prosecution until the day after the sentencing hearing.

In that memorandum, Deputy District Attorney Jerry Moschetta pointed to the criminal cases of two other public officials – former Washington County judge Paul Pozonsky and former Pittsburgh police chief Nate Harper – who received jail time. He also said Pushak showed a “lack of contrition” for his actions.

Pushak’s attorneys argued in their own memorandum that Pozonsky’s and Harper’s “transgressions far exceeded any actions alleged to have been taken by (Pushak).” They also disputed Moschetta’s assertion their client hadn’t shown remorse.