Swartz Pleads Guilty
The Lewistown Sentinel
March 5, 2005
By Frank J. Jost
Sentinel Reporter
Dustin J. Swartz pleaded guilty to multiple charges in Juniata County Court of Common Pleas on Monday, stemming from his alleged involvement in the robberies of the Mifflintown Weis Market on Nov. 24, and the First National Bank of Mifflintown, East Waterford Branch, on Oct. 19.
Swartz, 20, of Port Royal, entered his pleas in both cases as part of a plea agreement recommending his sentence be limited to 10 to 20 years for all charges.
The courtroom was filled with numerous defendants, their supporters, and about 70 visiting students from two Juniata County schools as Swartz appeared before Judge Kathy A. Morrow to enter his plea. Several members of Swartz’s family sat near the front of the courtroom, where they quietly witnessed the proceedings.
District Attorney Ken Mummah advised the judge of several amendments made to the charges filed against Swartz in the Weis robbery, resulting from a plea agreement reached with Swartz’s defense attorney Justin McShane.
Mummah said Swartz had agreed to plead guilty to the amended charges, with a condition set for the prosecution to recommend that the court limit his sentence to 10 to 20 years. Swartz would then plead guilty on 10 criminal counts from the Weis robbery, including kidnapping, burglary, robbery and theft, Mummah said.
McShane verified the details of the plea agreement with Mummah, and then reviewed those details to verify Swartz’s understanding of the agreement.
Judge Morrow then addressed Swartz.
“Why are you pleading guilty?” Morrow asked.
“Because I am guilty of these charges,” Swartz responded.
“Do you understand this plea agreement is not binding on the court?” Morrow asked.
“I understand,” Swartz said quietly.
Regarding the charges stemming from the bank robbery, Swartz also pleaded guilty to one count each of robbery, terroristic threats, theft by unlawful taking and receiving stolen property. The plea agreement on those charges was identical to that reached for the Weis robbery, with Mummah recommending a concurrent sentence of 10 to 20 years.
Morrow then ordered a pre-sentence investigation be conducted for Swartz and said a separate sentencing date would be scheduled in July, to allow the victims of the crimes and Swartz’s supporters to make statements before the court.
Following the proceedings, Mummah said he was satisfied with the terms of the plea agreement.
“I feel it’s a favorable agreement for the commonwealth in this case,” he said.
McShane also spoke on behalf of his client.
“Today, Dustin Swartz has accepted not only responsibility for his bad acts but more importantly expressed remorse for his actions. He is sorry not only for the impact that it had on his family and supporters, but most especially for the major effect it had upon the victims and their families and friends,” McShane said.
“It is our ardent hope and desire that by admitting guilt today, this young man … has begun the steps of not only healing the victims, but also this community who loves him so,” McShane said.
Testimonials
Justin McShane is the penultimate DUI Attorney. He has infinite resources available to defned a DUI case, and he has the highest of skills to get the job done. In short, if anyone can beat a DUI, it’s Justin McShane. Quite frankly, Justin McShane knows more about how to win a DUI than 99% of the attorneys that I see out there claiming to be experts in the field. Justin McShane has earned a spot as one of the top DUI attorneys in the country by proving that he can win the unwinnable. I would advise anyone arrested fro a DUI to have their case reviewed by Justin. Justin McShanes lawfirm is recognized in the field of DUI defense for Justin’s high skill levels. These high skill levels are also evident in all of the associates and employees at Justin’s law firm. He demands and receives the best from his highly talented staff of attorneys.
- Attorney Donald Ramsell, Owner, Ramsell & Associates LLC
Justin has exploded onto the national DWI trial lawyer scene over the past few years with a fresh approach to defending the Constitution and his clients. Justin is always willing to stop what he is doing to help out his fellow trial lawyers and I am glad to call him a friend. Justin is driven towards successful defense of his clients. It shows in his presence at the best national training seminars, the certifications he has attained, the cross examination strategies he has shared with me and through his ever expanding DWI library. Justin is always developing new theories on advancing the interests of his clients by staying one step ahead of the State when it comes to knowledge and dedication to work.
- Attorney Jaime Balagia
Dear Justin,
I want to sincerely thank you for your incredible honesty, integrity, and professionalism in the case of my DUI back in February, 2009.
After my arrest on December 29, 2007 you have given my case the care and respect beyond what any other attorney wanted to give me. After the initial meeting with you I was impressed so much that I actually could not believe what I was hearing. You described how you would go about handling my case and described to me what no other attorney could describe because of their lack of knowledge and experience in this field. I had sat down with two other attorney’s in the DUI field and came out in a very depressed state. The first attorney told me to just plead guilty, the other attorney said for $500 he would take care of my case. He never said exactly how or what he would do for me.
When I sat down with you Mr. McShane you told me how this was my livelyhood, I realize even more today how important it was, I could never have worked with another trucking company or any other job of any meaning if I would have been convicted of DUI, for that matter I would had lost my job of $23 per hour driving truck. It was your persistence and determination to see to that I was found NOT GUILTY. I had been to the Dauphin County Courthouse over 7 times, due to the fact that the police department would not bring evidence and or police officers who were required to appear and either or the evidence or the police officers would not show up. If it weren’t for your persistence in filing motions in the court for this evidence and or police officers named this case would have went to trial and I would have been found GUILTY. Many times I was about to give up when you explained to me that could give up, but that you had felt had a solid case and if I did what you had asked of me that you felt with an 80 to 90% confidence, I would be found NOT GUILTY.
Your professionalism, knowledge of all the equipment involved in a DUI, your expert witnesses, and the handling of the entire case is something to be added to the law books. In fact I think it was mentioned that this case is a break through in many way’s and that it will go down in case law? I have even went under my name in [Google] and have found the case.
I have not thanked you enough and I cannot thank you enough or express my deepest thanks not only to you, but to your entire staff! The professionalism, knowledge, experience and caring of your staff is second to none!
With my warmest regards,
-Paul L. Kaylor
- Paul L. Kaylor, Harrisburg
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