Trial postponed for sisters, city man charged in assault
SUNBURY - Two sisters and a Shamokin man charged in connection with an Oct. 6 disturbance at a Shamokin apartment involving the assault of a probation officer and the escape of one of the assailants had their trial postponed Friday until the October term of criminal court.
Stormie Birster, 20, of 28 E. Sunbury St., Shamokin; her sister, Marissa Birster, 19, of 825 W. Walnut St., Coal Township, and Steven L. Rivera, 21, of 11 S. Market St., Apt. 3, Shamokin, were scheduled for trial July 20, but that legal proceeding was continued until October at a pre-trial conference Friday morning before Northumberland County President Judge Robert B. Sacavage.
The continuance was requested by Attorney Michael Rudinski of Williamsport, who represents the Birsters. Northumberland County Public Defender Michael Romance represents Rivera. Assistant District Attorney Michael Toomey is prosecuting the cases, which have been merged for trial.
Stormie Birster, who was Rivera's live-in girlfriend at the time of the Oct. 6 disturbance, fled from police while being evaluated at Shamokin Area Community Hospital following the incident, but turned herself into authorities the next morning.
She is charged with felonies of aggravated assault and escape, and misdemeanors of resisting arrest, disorderly conduct and simple assault. Her sister, who also resided at 11 S. Market St., Apt. 3, at the time of the offenses, is charged with simple assault, aggravated assault, resisting arrest and disorderly conduct.
Rivera is charged with felony offenses of aggravated assault and institutional vandalism, and misdemeanors of simple assault, resisting arrest and disorderly conduct.
All the charges were filed by Shamokin Patrolman Nathan Rhodes.
The Birsters remain free on bail. Rivera is incarcerated at Northumberland County Prison in Sunbury.
According to a criminal complaint, police were dispatched to assist Northumberland County adult probation officers John Rosinski, Matthew Narcavage, Dan Shoop and Jason Lasko with a fight at 11:50 p.m. Oct. 6 that broke out during a visit to Rivera's apartment.
According to Rosinski, while the probation officers were walking through the residence, Stormie Birster began harassing them and wouldn't allow the officers to look in the refrigerator to see if it contained alcohol. Rosinski said Stormie Birster told him, "This is bull (expletive). What, are you guys bored? Don't you have anything better to do?"
After Rosinski warned Stormie Birster to stand near the door so the other probation officers could look around the apartment, she said, "(Expletive) you. I'm not leaving. What are you going to do?"
Rosinski then immediately told Birster that if she didn't leave, Rivera was going to jail.
Rosinski said Birster then calmed down and agreed to leave the apartment before they encountered Marissa Birster at the entryway. After Rosinski told Marissa Birster that she needed to leave the apartment as well, Marissa Birster stated, "(Expletive) you. I ain't on parole."
In the stairwell
Shoop handcuffed Rivera, who was led downstairs by Shoop and Lasko. Rosinski said the Birster sisters followed Rivera and the probation officers down the steps and within seconds, chaos ensued in the stairwell, according to Rosinski.
Rosinski said he observed Stormie Birster, who was on her backside, punch Shoop in the face; Marissa Birster was lying on top of Shoop while he was getting punched.
Rosinski said he radioed the county communications center for assistance before grabbing Marissa Birster off Shoop and preventing her from getting at Shoop.
Rosinski said Marissa Birster continued to yell profanities at him and swung at Narcavage while he and Rosinski attempted to handcuff her. Narcavage then pushed Marissa Birster into a wall and put her on the ground.
Narcavage then went to assist Lasko, who was being kicked by Rivera at the bottom of the stairs.
Rhodes arrived on scene and assisted Rosinski in handcuffing Marissa Birster. Even after being handcuffed, Marissa Birster kept screaming profanities.
Police and probation officers then took all three defendants into custody.
While at Shamokin Police Station, Stormie Birster refused to give her cell phone to an officer before placing it down her pants. Police placed Stormie Birster into a holding cell and contacted on-call Deputy Sheriff Nicole Baker to search Birster, which she did in a rest room at the police station.
Police said the Birster sisters then requested to be evaluated by emergency medical services personnel, who treated the siblings and transported them for follow up evaluations in the emergency room of then-Shamokin Area Community Hospital. The Birsters were met at the hospital by Shamokin Patrolman Scott Weaver and Special Officer 2 Norman Lukoskie because they were in police custody.
While in the emergency room, Stormie Birster was placed into an exam room and told to wait for a doctor. Police said Birster opened the exam room door and ran out of the hospital into the Tharptown area.
Police said Rivera, who remained at the police station to await his transport to the county prison for a parole violation, urinated on a chair and the floor.
Stormie Birster also faces additional unrelated criminal charges filed by Shamokin police.
She was charged by Patrolman William Miner with simple assault, harassment and disorderly conduct relating to a May 11, 2011, disturbance at Independence and Ninth streets.
According to a criminal complaint, Birster is accused of punching Courtney Pancher in the face, causing injury.
Birster and Jayde Deitrick, 20, of 26 Raspberry Hill, Shamokin, also are accused of texting lewd and offensive messages to Pancher and shouting and threatening the victim in public.
Deitrick was charged by Miner with harassment and disorderly conduct.
Patrolman Raymond Siko II charged Stormie Birster with possession of drug paraphernalia and underage drinking relating to a July 24, 2011, incident at Independence and Market streets.
Police said Birster possessed a blue glass marijuana smoking pipe.