He also claimed at a suppression hearing Wednesday that state troopers questioning him that day improperly made promises to him.

Troopers testifying at the hearing said they did not make any promises to him and that while the suspect had been drinking he was not intoxicated.

The Defendant, a former Pomeroy Fire Company volunteer, was arrested Aug. 22, 2008, and charged with arson and related offenses.

On Wednesday, Defendant was in court with his attorney, Steve Jarmon, for a hearing on a motion to suppress his confession.

Trooper John J. Clifford, of the Pennsylvania State Police Embreeville Barracks, said Defendant was picked up Aug. 22 at a saloon in Sadsbury Township. Clifford said there was a smell of alcohol on him but he was not intoxicated. Defendant was taken to the Coatesville Police Department and given his Miranda rights, a statement that he has the right to remain silent and that anything he might say could be used against him in a court of law and that he has the right to an attorney.

At some point during the questioning, Defendant said he wanted an attorney and the questioning stopped. Shortly thereafter he was placed under arrest and transported to the Embreeville State Police barracks. On the way to the barracks, Clifford and another trooper said Defendant said, “OK, you’ve got me. I put the device there.”

Defendant allegedly used a homemade fire-starting device, matches taped to a cigarette, at the scene of an attempted arson Aug. 8 on the porch of a house in the first block of Helen Street.

Clifford said he told Defendant that whatever additional statement he wished to make would have to be given when he got to the station and the recording equipment was set up.

Clifford said when they arrived at the station, Defendant was read his Miranda rights again and the interview was recorded.

But when Defendant took the stand he said he had drunk 15 beers the day the police picked him up. He said that when he got in the police car after being questioned in Coatesville and told them that he wanted to talk to his lawyer, the troopers told him “if he cooperated, it would be a lot easier on him.’

“I said, ‘I’ll cooperate if you guarantee me a lighter sentence,’” Defendant said.

The defense’s claim is the confession should be suppressed because Defendant was too drunk to knowingly waive his rights when he was read the Miranda warnings. The confession should also be suppressed because the troopers were not allowed to speak to him about the case once he said he wanted an attorney and the troopers were not allowed to make promises.

Under the law, once a suspect says he wishes to speak to an attorney, police can no longer question him unless the suspect on his own reinitiates the conversation. Police can also not make promises, said Assistant District Attorney Carlos Barraza.

Barraza questioned Defendant and said that if he was so heavily intoxicated that he was slurring his speech and had glassy eyes, Judge Thomas Gavin would see that on the videotaped statements.

Barrazza said it was more likely that Defendant was scared when the troopers told him that they were searching his house and they had found DNA evidence at the Helen Street arson scene. And that was why in the car he had confessed to the troopers.

At the conclusion of the hearing, Gavin took the two taped interviews and said he would look at them and make a decision.

Last summer, Coatesville and surrounding areas were in the grip of a wave of arsons that at its peak would include more than 70 arsons since early 2008. At that time the Pennsylania State Police were investigating the arsons. It wasn’t until January 2009 that the Chester County Arson Task Force was formed. Several men, including former Coatesville firefighter Robert Tracey Jr., are in custody and are suspects in connection with some of the Coatesville fires.

Ciccarelli Lawyers fight for their clients and our experienced had recognizing civil rights infractions and police abuse that can be subject to suppression motion or writ of habeas corpus.  Speak to a criminal defense attorney who can confidentially discuss your case and the best way to fight the case to  get the results you need.  Contact us today at (610) 925-2500

The juvenile driver swerved to avoid a deer, went into an embankment and hit a tree, according to Upper Uwchlan Police Chief John DeMarco. The driver was the only person in the Toyota Land Cruiser at the time of the crash.

The driver was flown in a medical helicopter to Reading Hospital for treatment of injuries. An update on his medical status was not immediately available Wednesday afternoon.

The Upper Uwchlan Police Department was assisted by West Vincent police, Uwchlan ambulance and medic personnel and Ludwigs Corner Fire Company.

Learn more about getting a fair financial settlement on your personal injury claim by contacting the trusted, experienced personal injury lawyers at Ciccarelli Lawyers. Ciccarelli Lawyers represent injured clients throughout Pennsylvania including suburban Philadelphia, West Chester and Chester County PA.  Contact us toll free at (877) 529-2422.

Record $5.3 Million Personal Injury Settlement for Pennsylvania Newborn Baby’s Personal Injuries Finally Approved! 

(News story)  A $5.3 million personal injury settlement for a three-day old girl’s traumatic brain injuries in a 2003 ambulance crash has been approved by a Pennsylvania judge. Venango County Judge Oliver J. Lobaugh has signed off on what’s believed to be the largest personal injury settlement in the county, a $5,307,000 award to the parents of Joanne Knabb.

A story in The Derrick detailed that Knabb, who was born with a hole between the ventricles of her heart, was being transported by ambulance to Children’s Hospital of Pittsburgh on February 22, 2003 when a drunken driver slammed into the vehicle. The newborn Knabb was thrown out of a malfunctioning transport incubator during the crash. Specifically, Joanne was thrown out of the apparatus when a retractable bar that attached the incubator to the ambulance snapped in half.

The accident not only left Joanne Knabb with traumatic brain injuries but also injuries to her bones, cartilage, ligaments, muscles, nerves and body tissue. As a result of her traumatic brain injuries, Knabb will require skilled medical care for the rest of her life. Now four years old, Joanne Knabb will never go to school because of her injuries.

Under the terms of the signed-off Pennsylvania personal injury settlement, the bulk of the damages will be paid by the manufacturer of the incubator and transporter, International Biomedical of Austin, Texas. IBI will pay $4,362,000 with $2.30 million of that going to the purchase of two annuities paying Joanne 13-grand per month for the rest of her life. IBI will pay the remaining $2.32 million in cash to Joanne’s parents, John Knabb III and Tracy Knabb.

This Pennsylvania personal injury settlement also includes the establishment of a special needs trust which will supplement the medical benefits Joanne receives now and in the future. The family will also receive in cash $500,000 from Children’s Hospital of Pittsburgh, $150,000 from Guardian Angel Ambulance Service and $25,000 from the estate of John E. Bridge, the drunken driver who died during the accident.

News of Tragic injuries like this occur every day.  When you are facing a tragic event you need to hire an experienced lawyer like the family did when their daughter was a victim of a drunk driver and their attorney negotiated a fair settlement.

Learn more about getting a fair financial settlement on your personal injury claim by contacting the trusted, experienced personal injury lawyers at Ciccarelli Lawyers.   Ciccarelli Lawyers represent injured clients throughout Pennsylvania including suburban Philadelphia, West Chester and Chester County PA.  Contact us toll free at (877) 529-2422.

But now, Walter Guyer just wants to be left alone and to get the disability payments he says he needs to survive.

Guyer, 61, of Wilmington, has a date later this month in Common Pleas Court to ask a judge to end the probation he was sentenced to in 1985 but to which he apparently never submitted. He said the Veterans Administration has stopped sending him his monthly disability checks because of a warrant issued for his arrest in 2003.

“It is imperative that his case be closed out and the warrant be dismissed so that he can regain his disability benefit and be able to move on with his life,” wrote his attorney, Steve E. Jarmon of the Ciccarelli Lawyers firm, in a motion filed last month asking the court to terminate the probation.

Guyer’s situation brought back memories for a state police trooper who arrested him in 1981 as well as for one of his victims. Both expressed some ambivalence about his request.

“We never got the restitution that we were supposed to,” said a woman whose home near Route 52 Guyer broke into and stole thousands of dollars worth of gold and silver. “But I don’t know if that’s worth keeping a man on probation this long.”

“It seems to me that his claim might have some legitimacy,” said Thomas Cloud, the former trooper who encountered Guyer almost 30 years ago.

Now a West Chester private investigator, Cloud wondered why someone couldn’t have simply contacted Guyer before seeking a warrant. Guyer has been living openly in his native Delaware without any apparent criminal activity since his release from a Pennsylvania state prison more than a decade ago.

Guyer’s attorney declined to comment on the case or on his client’s condition. But in his petition, Steve E. Jarmon says Guyer is fully disabled and has had no source of income besides disability checks after his 1998 release.

According to court records and an interview last week with Cloud, Guyer was involved in a series of burglaries in the early 1980s in the New Castle County, Del., and Chadds Ford areas

At that time, state police, the FBI and Chester County Detectives had broken the so-called Johnston Brothers Gang. The gang had robbed homes and businesses in the four-state region and eventually murdered some of their associates in the so-called Kiddie Gang. Murder trials for gang leader Bruce Johnston Sr. and his brothers, Norman and David, were held in 1981, with all three found guilty of multiple killings.

“Here it was right after the Johnston trials and we were getting clobbered with burglaries, even high-end burglaries,” said Cloud.

The break-ins took place in Hamorton, Longwood, Mendenhall, and along the Route 100 and Route 52 corridors in northern Delaware, the heart of the Brandywine Valley — “All very nice parts of our area,” said Cloud.

State police in Avondale worked closely with New Castle County police, doing roving patrols to catch a burglar in the act. Cloud said investigators nicknamed the suspect The Jogging Bandit because someone wearing jogging clothes or a tracksuit had been seen near one of the break-ins.

“We just assumed the burglar was posing as a jogger” to check out targets or deflect suspicion. “Whether it was true or not, I don’t know,” Cloud said.

As many as 15 burglaries in Chester County were tied to the same suspect. In late 1981, New Castle County police got a tip that led them to Guyer. With a search warrant for his home, police discovered a treasure trove of stolen goods, Cloud said.

“I remember the first time I went down and saw all the property they recovered; it was breathtaking,” Cloud said. “There was so much stuff. I don’t think he ever got rid of most of the stuff he stole.”

One item that caught Cloud’s attention was a Sony television taken from a home in Mendenhall. Cloud said the same television Guyer had stolen was also pilfered years earlier by someone in the Johnston Gang and returned to its owners.

Cloud said police recovered a great deal of what had been stolen and returned the property to the rightful owners. “A tremendous amount was identified,” he said.

Guyer eventually cooperated with authorities, and Cloud convinced him to take a ride past some of the homes that had been burglarized that summer. In particular, Guyer pointed out three homes as his targets: one on Hillendale Road in Kennett, where he took gold jewelry, antique watches and silver coins valued at $15,000; another on Sapling Drive in Pennsbury, where he took a sterling silver antique place setting, an antique pistol and jewelry worth $7,000; and a home on Honey Tree Lane in Pennsbury, where he stole sterling silver pitchers, spoons, knives and gold jewelry worth $33,000.

The victim interviewed last week said she has not forgotten the break-in or what she and her husband lost.

“It did impact us quite a bit,” she said. “I haven’t thought about the burglary for so long, but we didn’t get back all that he stole. A few pieces. But I miss some of them because I’m very sentimental.”

The burglary spree also involved a break-in at the Delaware home of Ruly Carpenter, then-owner of the Philadelphia Phillies, she recalled.

Guyer was charged with 10 Pennsylvania burglaries in December 1981. At some point he became a fugitive and was not locked up until June 1983.

After a non-jury trial, Judge Robert S. Gawthrop III sentenced him to 3½ to 15 years in state prison and imposed a 20-year probation term that was to run concurrently with the prison time.

Guyer “maxed out” his sentence, serving the full term instead of being paroled. And when Guyer was eventually released to Delaware in 1998, “he was never told that he had to report back to Pennsylvania to finish out his remaining five years of probation,” his lawyer, Jarmon, wrote in his motion.

In October 2003, Common Pleas Judge Juan Sanchez signed a bench warrant at the request of the county Adult Probation Office against Guyer for failure to report after his release. But until this year, he did not know he was wanted on the arrest warrant.

According to Jarmon, Guyer was contacted by the U.S. Veterans Administration, which told him that because of the warrant for his arrest and an apparently open case against him, the disability checks he had been receiving would cease. This “caused a great hardship on him and his family,” Jarmon wrote.

Jarmon said his client has lived in Delaware since his release and free of criminal convictions.

A hearing is set for Oct. 28 before Judge David S. Bortner. First Assistant District Attorney Patrick Carmody on Thursday said he had not seen Jarmon’s petition and did not know if his office would oppose the request to terminate the probation.  Courtesy of Daily Local.

UPDATE:  Ciccareli Lawyers has successfull quashed the warrant and the Judge has relisted this matter to make a final determination on the Petition to End his Probation.

Ciccarelli lawyers are experienced in fighting for peoples rights in Criminal Defense, Probation, Parole, Probation Violation and Parole Violation Matters.  Contact one of our experienced criminal attorneys at (610) 925-2500.

About Ciccarelli Lawyers: We are the men and women who stand by your clients and fight for your rights day in and day out. We are a team of Pennsylvania lawyers, based in suburban Philadelphia and Chester County Pennsylvania in West Chester and Kennett Square; but who serve clients needs throughout the greater Philadelphia metropolitan area of Bucks, Chester, Delaware, Lancaster, Montgomery and Philadelphia County as well as throughout the Commonwealth of Pennsylvania in the Harrisburg, York, Carlisle, Lebanon, Reading and Allentown areas. Contact us for a consultation on how we can help you.

The lawyers at Ciccarelli Law Offices can provide you the advocacy, results and financial compensation you expect and need when you have suffered a Pennsylvania personal injury case.

We represent clients throughout central and eastern Pennsylvania, explaining to them why they should hire a lawyer and certain things the insurance company does notwant you to know.  Ciccarelli Law Offices is a full-service personal injury law firm handling a wide range of legal issues, including:

Car Accidents – Your motor vehicle accident injury case is our priority. We work with clients who are injured in a Pennsylvania car accident, in need of financial and medical help they need to get their lives back on track. We demand fair and just financial compensation for your injuries.

Medical Mistakes - Truck accident injuries can be catastrophic and expensive. We investigate the matter thoroughly to build a strong case for full compensation.

Product Liability - Almost every motorcycle accident causes serious injuries. Because many cyclists are unable to obtain adequate insurance, they need to receive fair compensation through a personal injury claim to pay medical bills and other costs.

Slip and Falls - Almost every motorcycle accident causes serious injuries. Because many cyclists are unable to obtain adequate insurance, they need to receive fair compensation through a personal injury claim to pay medical bills and other costs.

As a Pennsylvania injury and accident law firm, our attorneys handle personal injury claims on a contingency fee basis. Our experienced Pennsylvania Personal Injury lawyers located in Chester County with convenient locations in West Chester, Kennett Square, Exton and satellite offices in Delaware, Lancaster, Montgomery and Philadelphia Counties. Contact us for details about our legal practice. Call us toll-free at 877-529-2422 if you have been injured in a car accident or suffered a truck crash injury.

Our Pennsylvania lawyers practice law and fight for clients throughout Pennsylvania including Bucks, Chester, Delaware, Lancaster and Philadelphia Counties. Contact us if you are seeking a lawyer in Harrisburg PA or Philadelphia; West Chester or Allentown; Norristown or Lebanon; Lancaster or York. We are the Pennsylvania Personal Injury Lawyers you will come to trust when it matters. Our practice areas also include Criminal Defense, Family Law and Civil Litigation.

Our Personal Injury and Automobile Accident Practice is for individuals and their family seriously injured in Pennsylvania because of the negligence of another. Our personal injury practice includes fighting for individuals injured at work, in construction accidents, work injuries and in workers compensation matters.  Speak to one of our experienced Pennsylvania Personal Injury Lawyers when you have been injured in a motor vehicle accident or other type of personal injury action.  Learn more.

Ciccarelli Lawyers are Pennsylvania Automobile Accident Lawyers; personal injury lawyers based in West Chester PA and Kennett Square PA who represent individuals injured in car, motorcycle, tractor trailer accident on Pennsylvania roads, who need an experienced personal injury lawyer to fight for their right to just financial compensation, medical benefits, and life planning.    Learn more at our automobile accident website.

Our Criminal Defense practice is for Pennsylvania cases involving criminal charges, criminal arrests and criminal complaints; traffic and speeding matters, DUI and drunk driving charges, juvenile and student crimes, probation violation matters and criminal record expungement and pardon cases. Learn more.

Our Pennsylvania Family Law practice involves representation in Family Court for divorce, mediation, custody, support, alimony, adoption and parental termination issues. Our West Chester PA Divorce practice primarily focuses on Chester County Divorce, Chester County Custody and Chester County Family Law matters, though our office also handles divorce, domestic violence and pfa matters throughout Pennsylvania including Delaware County, Lancaster County, Montgomery County and Philadelphia.  Learn more.

Our Civil Litigation practices include business and corporate law, employment law, wills and estates and probate law.  Contact us if you are seeking a Chester County lawyer for real estate, contract preparation, contract disputes, collection matters, incorporation, and estate planning.

Ciccarelli Lawyers are devoted and impassioned attorneys serving clients in Pennsylvania matters from our main location in Chester County Pennsylvania.  Our Chester County law practice services clients in Kennett Square, West Chester, Downingtown, Coatesville, Oxford, Parkesburg, Phoenixville, Malvern, and Paoli. Consider us as your Chester County Personal Injury Lawyer, Chester County Criminal Lawyer, Chester County DUI Lawyer, Chester County Divorce or Chester County Family Law Lawyer.

When you are accused of a crime, your freedom, your family, your reputation and your job may be at stake.  Whether you are facing a charge in Philadelphia, Chester County, West Chester, Downingtown, King of Prussia, Harrisburg or Allentown, speak to an experienced criminal defense lawyer.  We understand your anguish, fear, and the stress you or a loved one are experiencing.  We will help you do everything legally possible to get you the best possible results.  Be certain of your attorney’s competence, reputation, expertise, and experience as a Pennsylvania criminal defense lawyer.  Contact Ciccarelli Lawyers to speak to an experienced criminal defense lawyer at (877) 529-2422.

When you retain the Ciccarelli Law Office, you don’t simply retain a criminal defense attorney – you retain an experienced team of criminal defense lawyers who are committed to working together for you.  Ciccarelli Lawyers have a combined experience of 25 years successfully representing Pennsylvania clients in virtually every type of criminal case.  We represent individuals vigorously, with individual attention and a passionate respect for due process, through each stage and every aspect of your case.

Ciccarelli Lawyers are staunch advocates for the preservation of constitutional rights before, during and after an arrest.  Our reputation for successful defense strategy and tactics coupled with one-one-one client interaction makes us the Pennsylvania defense attorneys of choice for individuals facing serious felony and misdemeanor criminal charges.

Contact Ciccarelli Lawyers to speak to an experienced criminal defense lawyer at (877) 529-2422.

Family law matters offer no ‘one-size-fits-all” solutions.  Each divorce requires separating couples to resolve unique issues, while a successful resolution often depends on the particular circumstances involved.  Speak to an experienced, motivated Family Law attorney based in Chester County and serving suburban Philadelphia including Downingtown, Kennett Square, and West Chester.

At Ciccarelli Law Offices we understand this fact – and we tailor our legal representation accordingly.  We take the time to listen to our clients and understand their situations, so that we can effectively meet their individual goals.  Contact us to meet with a pennsylvania family law attorney in one of our meeting locations in West Chester, Exton/Downingtown, Kennett Square, King of Prussia, Media/Springfield or Philadelphia.

Our Pennsylvania family lawyers devote a lot of their legal practice to divorce and its related issues.  We provide compassionate counsel and vigorous representation to clients planning to separate or divorce, working to resolve their issues in a timely and cost-effective manner.  Our comprehensive family law representation includes all property division, child custody, child support and alimony matters.

We understand that ending a marriage or fighting for custody are emotional issues regarding tough decisions.  We are sympathetic to your questions and concerns about the end result.  The attorneys and staff at Ciccarelli Law Offices strive to be accessible, responsive, and supportive throughout the process.  We take the time to explain the process, the steps we take on your behalf, and the expected timeline of events.  We provide a free initial consultation, and can arrange appointments for your convenience.

Contact us and speak with an attorney today – (877) 529-2422.

Jerry Gubin was helping his son move when his foot became caught in the curb, causing him to fall and sustain injuries. Consequently, he was unable to work or four months.

Expert witnesses called to testify at the trial said that the parking lot where this happened only had about 0.10 foot candles of illumination, whereas parking lots are required to have 0.60 foot candles of illumination. The lack of illumination would have contributed to the likelihood of an accident occurring.  (courtesy Philadelphia Inquirer)
Learn more about getting a fair financial settlement on your personal injury claim by contacting the trusted, experienced personal injury lawyers at Ciccarelli Lawyers.   Contact us toll free at (877) 529-2422.