Judge drops Volant harassment charge
May 14—A judge found a former Volant councilwoman not guilty of a harassment citation filed against her by state police.
But that doesn't excuse unacceptable public behavior, District Judge Rick Russo cautioned, following a summary trial Monday. He dropped a harassment charge brought by Volant businesswoman Dana Barr against former Volant councilwoman Deborah Sue Lakin, but his decision was not without admonishment.
"What initiated this whole situation?" Russo queried after his ruling.
"I've seen a lot of this coming from Volant," he told them. "It's a small community, and you need to calm it down before something gets more out of hand. You people need to start being more professional."
Barr, owner of Oak Creek Creations in Volant, contacted the state police after the March 12 council meeting and accused Lakin of shoving her phone while she was videotaping the meeting and videotaping Lakin. Barr and Lakin, a former councilwoman, both were spectators at the council meeting.
Several people took the witness stand for the prosecution and the defense of Lakin. The prosecution was led by state trooper Nathan Burkhart, who called Barr and a security guard to testify, and Burkhart took the stand himself. He also played a video recording of part of the council meeting in the courtroom.
Testifying on Lakin's behalf were Councilman Wayne Edwards and borough Secretary-Treasurer Carmen Ortiz Brown. Lakin also testified on her own behalf.
Barr testified while she was videotaping Lakin during the meeting, Lakin hit her phone while she was holding it and caused it to fall onto her chest.
She said she was standing in the back of the borough meeting room and was there to record the meeting. As Lakin got up to walk to the table with public agendas and other papers on it, Barr recorded her, saying she was "not in her face" with the camera.
"I never moved," she said. "If you look at the video, it's perfectly still."
Barr said she "was keeping proof of what was going on."
Edward Flickner, a security guard at that council meeting, testified he saw Lakin approach Barr and they were "bickering back and forth," but he didn't see a physical interaction.
Burkhart, who filed the charge on Barr's behalf, testified after Barr filed the complaint, he called Lakin on March 15 and she admitted to physically making contact with Barr. He said she told him the camera was shoved in her face.
However, when Lakin took the witness stand, she testified she never touched Barr.
Her private attorney, Ryan Long, asked Lakin on the witness stand if she was calling the state trooper a liar when he said she told him on the phone that she had touched her.
She hesitated, then said, "Well, he's mistaken."
Edwards, a Volant councilman called by Lakin's attorney, said he didn't see any physical contact between the two, but "I didn't sit there and stare at them."
Brown testified that as Lakin walked to the public table, she heard Barr say, "Don't touch my stuff."
Barr had her phone up and was videotaping Lakin and, still holding her camera, she moved it forward, Brown said.
Long argued to the judge, "I don't believe this arises to a level of harassment."
Burkhart countered that "on the contrary, (Lakin) was trying to harass and annoy my client."
He continued that Barr "was conducting a lawful act in a public forum, a place where there's zero expectation of privacy."
Another set of charges is pending in the Lawrence County Court of Common Pleas, filed by state police on behalf of Mario Ferrazzano, who was injured when Volant Councilman John Shaw reportedly shoved him during a council meeting and he fell and hit his head and was taken to a hospital by ambulance. That incident reportedly occurred during council's July meeting last year.
State police charged Shaw on Aug. 15 with simple assault and three counts of harassment in connection with the reported assault of Ferrazzano. One of the harassment charges was dismissed at his preliminary hearing, and the simple assault charge and two harassment charges have been held for trial or plea in the Lawrence County Court of Common Pleas. Shaw was released on a nonmonetary bond at the time. His case is pending trial.
Suspects are considered innocent until proven guilty or adjudicated in court.
