In The Press : Com. vs. Swartz
Swartzes Charged With Tampering With Evidence In Weis Robbery Case
The Lewistown Sentinel
Tuesday March 22, 2005
By Frank J. Jost
Sentinel Reporter
“We’re talking about a panic situation on Thanksgiving morning. I’m going to move for both Frank and Samantha to be considered for Accelerated Rehabilitative Disposition,” McShane said. “It should be noted that ARD is not an admission of guilt, and the charges would be expunged from their records after a year.”
The father and sister of alleged armed robber Dustin J. Swartz were charged Monday with tampering with evidence in the Nov. 24 robbery of the Mifflintown Weis Market.
Frank J. Swartz, Jr., 46, and Samantha J. Swartz, 25, both of RR 1, Port Royal, allegedly burned clothing worn by Dustin Swartz and Stanford Adler during the Weis Market robbery, according to a police criminal complaint filed through Magisterial District Judge Jaqueline Leister’s office Monday morning.
Frank Swartz is the pastor for the New Beginnings church in Spruce Hill. Samantha Swartz is an acting community mobilizer for the Juniata County Communities That Care project.
Dustin Swartz and Stanford Adler both face numerous charges for their alleged roles in the theft of $36,505 from the Weis Market and the Oct 19 robbery of the First National Bank of Mifflintown, East Waterford Branch. Swartz remains in the Juniata County Prison in lieu of $600,000 combined bail, while Adler is free on $200,000 posted bail.
The complaint states Pennsylvania State Police Lewistown charged Frank and Samantha Swartz each with one count of tampering with or fabricating physical evidence, for allegedly burning clothing and footwear worn on Nov. 24 by Dustin Swartz and Stanford Adler.
According to the complaint, the two alleged Weis Market robbers disposed of the clothing in a barbecue pit at the Juniata County Library. The complaint states Dustin Swartz later told Samantha Swartz about the clothing and footwear left in the pit.
Samantha Swartz later drove to the library and retrieved the items from the pit, according to the complaint. She then helped Frank Swartz burn the items in a woodstove at his home on Nov. 25, records indicate.
The complaint also states Frank and Samantha Swartz gave written statements to police on March 15, admitting they had retrieved and burnt the clothing items in the woodstove.
Attorney Justin McShane of Harrisburg represents Dustin Swartz in both the Weis Market and bank robbery cases. McShane said he also represents Frank and Samantha Swartz on the charges filed against them Monday.
“We’re talking about a panic situation on Thanksgiving morning. I’m going to move for both Frank and Samantha to be considered for Accelerated Rehabilitative Disposition,” McShane said. “It should be noted that ARD is not an admission of guilt, and the charges would be expunged from their records after a year.”
District Attorney Ken Mummah said he had discussed the charges against Frank and Samantha Swartz with McShane.
“I don’t feel it will benefit the community for either Frank or Samantha Swartz to spend any time in prison for these charges,” Mummah said.
“I agree with Mr. McShane that ARD is the more appropriate action to pursue in this instance, due to their cooperation and honesty with police in the Weis robbery investigation and their coming forward now with their part in it.”
A summons was issued for Frank and Samantha Swartz to appear for a preliminary hearing at 10:30 a.m. April 21 at Leister’s office.
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