Court rejects appeal of man convicted of threatening to shoot striking teachers
Pennsylvania Superior Court declined to overturn the jury verdict of a man convicted of threatening in social media to shoot striking Ringgold schoolteachers.
George Shallenberger, 47, of Union Township, posted inflammatory statements on a community Facebook page during the 2017 teachers’ strike that lasted 22 days.
“Let’s raise taxes for these worthless (expletive)!! … They sure have nice cars for not making any money, (Expletives),” and “Easiest job in the world but they need more money. Shoot them and start over.”
Shallenberger stood trial in December 2018, was sentenced in 2019, and Superior Court ruled late last month.
Superior Court President Judge Emeritus Kate Ford Elliott concurred with Washington Count Judge Valarie Costanzo that Shallenberger “was fully aware that his threat would be seen by many people in the community.”
His choice to post the threat on the Mon Valley Views Facebook page as opposed to his own profile page where it was less likely to be seen by many “demonstrates that (Shallenberger) made the threat with the intent to terrorize the teachers.”
On his own Facebook page the day before, Shallenberger had posted, “Happiness is a warm gun,” the title of a Beatles’ song, and the words, “Guns don’t kill people, I kill people,” – a quotation from the movie “Happy Gilmore.” He also called the teachers “damn snowflakes.”
The jury could have reasonably inferred that Shallenberger approved of the use of firearms and intended to portray himself as someone who commits acts of violence with firearms, Elliott wrote as part of a 25-page opinion.
“The Commonwealth does not have to prove that (Shallenberger) had the ability to carry out the threat” or that a striking teacher believed Shallenberger would carry out the threat, because these are not elements of the offense, according to the memorandum.
Superior Court also agreed that a change of venue was not warranted.
“Simply because prospective jurors may have heard about a case through media reports does not render them incapable of jury service, since, in today’s ‘information age,’ where news of community events are disseminated virtually instantaneously by an ever-multiplying array of delivery methods, it would be difficult to find 12 jurors who do not at least have some knowledge of the facts of a case,” according to the decision.
“The mere existence of pretrial publicity alone, however, does not constitute actual prejudice,” the senior appellate court judge wrote.
After his trial, Shallenberger was sentenced to serve 2 to 23 months in the county jail.
Shallenberger apologized for his comments in court at his sentencing. The teachers’ strike lasted 22 days.
His attorney, Neil Marcus, could not be reached for comment Wednesday afternoon.
Assistant District Attorney Nathan Michaux was the prosecutor.
Hearing Shallenberger’s appeal along with Elliott were Jacqueline O. Shogan and Judith F. Olson.