Hearing to free witness continued in Swearingen murder case
WASHINGTON – John Sebastian Shaker, both a primary defendant and a major witness in the Ira Swearingen murder case, could be a free man today, but his attorney Tuesday decided not to go through with a Rule 600 hearing. Under Pennsylvania Rule 600, a defendant jailed without a trial for 180 days can ask for nominal bond. That was done two years ago for another defendant in the case, Robert Petrick of Somerset Township, Washington County. Rule 600 also states that defendants jailed for more than 365 days without a trial can ask to have their charges dismissed.
Shaker, 33, with previous addresses in Las Vegas and Florida, is charged with kidnapping, robbery, aggravated assault, tampering with evidence, criminal conspiracy to commit each of those acts and criminal conspiracy to commit homicide. Petrick and Gregory Modery, 32, of McMurray face those same charges. Modery and Alexander Martos, 34, with former addresses in Monongahela and Bentleyville, also were charged with homicide. Martos has pleaded guilty to the homicide charge, with the other charges held in abeyance in the event he withdraws his plea.
Until Martos decided to plead guilty, Shaker had been the primary witness in the case against the two men who allegedly took Swearingen to a wooded area of Greene County in December 1999 and killed him. Two hunters found Swearingen’s body nearly a year later.
Shaker had been with Martos and Modery when Swearingen was kidnapped and beaten near an adult book store along Interstate 70 and when Swearingen was taken to Petrick’s home and beaten further to get the access numbers to his electronic banking cards.
“A Rule 600 hearing had been scheduled to discuss his charges and the amount of time he’s been incarcerated,” said Gary Graminski, Shaker’s court-appointed attorney. “Prior to the hearing we had a discussion with the district attorney regarding Mr. Shaker’s role in the proceedings. The hearing was continued, with no date set.”
Graminski, who met with his client and District Attorney John Pettit for about an hour Tuesday afternoon, said he could not elaborate on the discussion because of the other defendants in the case. Graminski said his client is not seeking to have the charges against him dismissed.
“He’s accepting responsibility for whatever the court determines is his role, and that has been his position since he turned himself in voluntarily,” Graminski said.
Shaker called FBI agents from Las Vegas shortly after learning that a warrant had been issued for his arrest. He has been jailed without bond since January 2000.
“We’re not seeking to have him released. We’re not seeking to have the charges dismissed, and he remains most willing to be cooperative with the commonwealth,” Graminski said.
Shaker remained in Pettit’s office for about an hour after his attorney left. Pettit said Graminski’s main concern was whether Modery’s trial, now scheduled for September, would actually be held at that time, since it has been continued several times.
“His attorney was satisfied with everything,” Pettit said.
As for the discussion with Shaker that followed, Pettit said it was inconsequential.
“Shaker’s been locked up for 21/2 years and he had some questions about the others involved in the case that had no legal implications for his case,” Pettit said.
Shaker left the district attorney’s office around 3:40 p.m. in the company of two guards. He was wearing a prison jump suit, handcuffs and leg irons.