The McShane Firm, LLC - Law Offices

One Opts For Hearing, Two Others Waive The Right

The Lewistown Sentinel

Wednesday January 05, 2005

By Frank J. Jost

Sentinel Reporter

The family is extremely supportive of their son and what’s going on in his life right now. I’ve seen defendants facing the death penalty who did not get this much support,” McShane continued.

Two Juniata County men charged with robbing the Mifflintown Weis Market on Nov. 24 waived their preliminary hearings before District Justice Jaqueline Leister on Tuesday.

Charges against Michael Shawn Bryan, 19, of Mifflin; and Dustin Jonathon Swartz, 20, of Port Royal have been bound over for court, with formal arraignments for both men set for 9:30 a.m. Feb. 7 in the Juniata County Court of Common Pleas.

Bryan and Swartz both were released on bail following their arrests last month. A third suspect in the robbery, Stanford “Tommy” Adler, 19, of Port Royal, is scheduled for a preliminary hearing before District Justice Leister on Jan. 27. He remains housed in the Juniata County Prison in lieu of $500,000 bail.

Bryan appeared before Leister in a dress shirt and tie, accompanied by his parents and defense attorney Phillip Masorti of State College.

“ What’s important in this case is that Michael realizes the seriousness of his actions and is supported by his family one-hundred percent in this matter.” Masorti said. “He wants to apologize to all those affected by the incident and to the community in general. He better realizes (the impact) after the fact, but now is the opportunity to get this young man back on the right track.”

Masorti declined to comment on whether peer pressure might have been an issue in Bryan’s alleged involvement. He did say “…there will be no adversarial component in this case…” and “…the defense will continue to cooperate with state police and the district attorney’s office and will attempt to contact the victims in preparation of making full restitution.”

“We will also examine carefully the reasons why a college-educated student athlete would engage in this kind of conduct…. and identify how we can help this troubled young man,” Masorti continued.

Defense attorney Justin McShane of Harrisburg is representing Swartz, who appeared for the hearing in a white pull over sweater and tan pants, also accompanied by his parents.

Swartz’s hearing also was waived, but his parents and McShane requested that his bail be restored from $50,000 to $500,000, and that Swartz be returned to custody in the Juniata County Jail. Leister made the ruling to adjust Swartz’s bail. His parents then transporting him back to the facility.

“Today’s hearing was only about ‘prima facie’ (a legal term) meaning ‘ (it) does not require further support (to establish credibility) … That’s a long way from reasonable doubt,” McShane said.

“Dustin did turn himself in to state police with my help on Dec. 21. The family is extremely supportive of their son and what’s going on in his life right now. I’ve seen defendants facing the death penalty who did not get this much support,” McShane continued.

However, McShane would not comment on the reasons behind the family’s request for Swartz’s return to the prison.

Police reports show Swartz was charged with robbery, two counts each of robbery of a motor vehicle, kidnapping, burglary, theft, receiving stolen property, simple assault, recklessly endangering another person, unauthorized use of a motor vehicle and firearms not to be carried without a license.

Bryan was charged with conspiracy to commit kidnapping, burglary, robbery, robbery of a motor vehicle, theft, simple assault, recklessly endangering another person and unauthorized use of a motor vehicle.

According to the affidavit of probable cause filed by state police, Adler, Swartz and another individual, whose identity was withheld, followed Weis Market employee Sarah Wert to her house on Nov. 24 after she closed the store at about 9:15 p.m. Police allege Adler and Swartz then confronted Wert at gunpoint and forced her into the back seat of her car while they drove it back to the store.

Wert , police allege, then was forced to call the store manager, Linda Hartman, and obtain the combination to open the safe for the suspects. Hartman gave her the combination and then contacted police, records indicate.

After removing “large bills and bundled money” from the safe, the suspects then fled on foot to Ney’s Bowling Alley, according to the affidavit. The suspects then forced Richard and Carolyn Ney from their 2004 Toyota at gunpoint and drove off with the vehicle. They later crashed the car at a location along Weatherby Way, off Industrial Park Road, in Fermanagh Township, the affidavit shows.

Police, discovered an additional vehicle, handguns and other items used in the incident, along with $36,056 found hidden under the back porch of a residence along Weatherby Way.

The suspect whose identity was not disclosed told police on Dec. 13 he had information about the Weis Market robbery, including the location of another gun and additional items used in the incident.

He told police he was a driver in the incident but did not take part in the actual robbery, the affidavit states. According to what the unnamed suspect told police, he and Bryan followed Adler, Swartz and Wert to the Weis Store. After Adler, Swartz and Wert went into the store, Bryan went into the store, but “came running back” and told the suspect to leave, the affidavit states.

The unnamed suspect eventually guided police to another location in Walker Township, near the village of Mexico, where other items were disposed. There, police found a handgun, a hooded sweatshirt, a black fleece mask and a pair of black leather gloves, according to the affidavit.

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