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Swartz Pleads Guilty

The Lewistown Sentinel

Saturday March 05, 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.

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