3 arraigned in Mt. Carmel beating

MOUNT CARMEL - Three of the four men accused of severely beating a state correctional officer in the borough last month are behind bars after turning themselves in to authorities Wednesday morning and being arraigned on multiple charges, including felony offenses of aggravated assault.

Jason Martin Bozarth, 31, of 221 E. Sixth St., Mount Carmel; his 35-year-old brother, Christopher Michael Bozarth, of 129 S. Market St., Mount Carmel, and Christopher Kelly Phelan Jr., 27, of 519 Mount Olive Blvd., Shenandoah, were arraigned shortly before noon by Magisterial District Judge Hugh Jones on felony counts of aggravated assault and criminal conspiracy to commit aggravated assault, two counts of simple assault (misdemeanors), and one count each of recklessly endangering another person (misdemeanor) and disorderly conduct (misdemeanor).

The charges were filed by Mount Carmel Cpl. Chris Buhay.

All three men, who remained shackled and handcuffed throughout their arraignment, were committed to Northumberland County Prison in Sunbury in lieu of $50,000 cash bail and ordered by Jones to appear for a preliminary hearing at 10 a.m. Sept. 15.

The Bozarth brothers and Phelan, who remained silent throughout their brief arraignment, voluntarily appeared at Jones' office at about 9:45 a.m. and were held in custody by state Constables Larry Rompallo and Glenn Masser for approximately two hours to await the appearance of Jason John Grady, 27, of 32 E. William St., Schuylkill Haven, the fourth defendant charged with the same offenses in the Aug. 18 assault of Richard McPeak Jr., of Mount Carmel, in the 200 block of East Sixth Street shortly before 1 a.m.

But the plan to arraign all four defendants at one time never materialized because Grady failed to appear at Jones' office. Grady's attorney, Keith Hoppes, of Tamaqua, arrived at Jones' office shortly after 11:30 a.m. to explain to the judge that his client was babysitting and couldn't appear for his arraignment.

Jones, who issued a bench warrant for Grady's arrest, then arraigned the other three suspects together. After the arraignment, Jones said he set bail at $50,000 cash because he was concerned about the protection of the public and the defendants posing a flight risk since they aren't natives of the Mount Carmel area.

As the defendants were led into a side room in Jones' office to await their transport to Northumberland County Prison, Christopher Bozarth's wife repeatedly asked the judge, "Can't we say goodbye to them?" Bozarth's wife, who did not give her first name, was accompanied to the arraignment by a younger woman and a baby girl. She cried several times during the arraignment and continued weeping outside the office as she awaited the defendants' departure from the courtroom.

While outside the judge's office, Bozarth's wife repeatedly yelled obscenities at a News-Item reporter and photographer who were covering the arraignment. She called the reporter and photographer, who were the only media at the arraignment, a "disgrace to humanity" and "animals." She also questioned the media about how they could live with themselves.

Bozarth's wife, who claimed her husband was innocent of all charges, yelled, "I love you, Chris," to Bozarth as Rompallo and Masser escorted him to a van along with the other two defendants. Bozarth responded, "Calm down baby. It will be alright."

According to an affidavit of probable cause, Buhay and Patrolman Kevin Katch were dispatched to 221 E. Sixth St. for a reported disturbance. Once on scene, the officers spoke to a group of people who indicated there was a fight prior to police arrival.

Police then observed a male, later identified as McPeak, sitting on the curb at Sixth and Market streets, about a half block away.

Police said McPeak had blood on his face, arms and clothing and was visibly hurt. McPeak told police his jaw and teeth felt loose, but he declined an ambulance, stating his wife, Bridget, would take him to the hospital.

McPeak told police he was assaulted by a group of people at 221 E. Sixth St. McPeak then left the scene to seek medical treatment.

Buhay spoke to each of the defendants who were charged Wednesday with assaulting McPeak.

The corporal said McPeak told him during an interview that he was walking his dog near Turkey Hill Minit Market in the area of Fifth and Market streets when he "had words" with an unidentified male before leaving the area.

McPeak, who is a correctional officer at SCI-Frackville, said a group of people then began yelling at him from the area of Sixth and Market streets. McPeak said he left the area and went to Fifth Street before walking east on Fifth Street to Chestnut Street and then to Sixth Street. McPeak said he then started walking back to his residence on Oak Street. As he was walking west on Sixth Street and passed 221 E. Sixth St., he saw a group of people. As he continued walking past the residence at 221 E. Sixth St., McPeak said he heard people outside making comments about his size compared to the size of his dog. McPeak said words were exchanged back and forth before a male identified as Jason Bozarth approached him.

According to McPeak, Bozarth told him to be quiet because he has kids. As McPeak spoke to Bozarth, his brother, Christopher Bozarth, began kicking him in the right side and hitting his arm, according to the affidavit of probable cause.

As McPeak was holding his dog, the victim said Christopher Bozarth kicked him, while his brother struck him in the jaw area, causing him to bleed.

As McPeak attempted to put down his dog, Jason Bozarth struck McPeak across his back, leaving a large abrasion caused by a cast Bozarth was wearing.

McPeak told police Christopher Bozarth then attempted to jump on him, but the victim was able to flip him off and pinned him to the ground.

McPeak said he was able to hold Bozarth on the ground with one arm while attempting to dial 911 with his cellphone with his other hand. But McPeak said his cellphone was knocked from his hand.

McPeak said he then heard a female repeatedly yelling, "No. Don't do it."

At that point, McPeak said he walked to the corner of Sixth and Market streets to wait for police.

Buhay, who interviewed other witnesses, said Rondasia Gibbons claimed Christopher Bozarth had a cinder block or part of a cinder block that he was going to use to hit McPeak. Gibbons also reported that Phelan hit McPeak in the face, while Grady kicked the victim.

Police said McPeak underwent emergency room treatment at Shamokin Area Community Hospital before being transferred to Geisinger Medical Center in Danville, where he underwent surgery to have a titanium plate placed in his jaw. Police said McPeak's jaw was broken in two places and the victim will have permanent nerve damage.

McPeak also suffered bruising, swelling, cuts and abrasions all over his body.

Mount Carmel Police Chief Brian Shurock, whose department was criticized by some for not making an arrest earlier in the investigation, praised Buhay for his diligent work that led to four defendants being charged in the beating.

Shurock said McPeak's severe injuries made it difficult for police to gather information from the victim. He said police had to wait until McPeak was medically cleared to speak with authorities.

The police chief dispelled various rumors circulating in the borough that the assault involved more than 20 people including Hispanics, occurred in Town Park and was related to a gang war between the "Bloods" and "Crypts."

He said, "All of the rumors were untrue. Cpl. Buhay did an excellent job in sorting out the details and interviewing all of the defendants and potential witnesses over the last few weeks. I am very pleased with the outcome of the investigation and that the citizens of the borough can now understand that the assault was not racially or gang motivated."

Efforts to reach McPeak on Wednesday were unsuccessful.