Judge dismisses charges against California councilman
Fayette County Judge Gerald R. Solomon has dismissed charges of unlawful restraint and disorderly conduct against California Borough councilman John Greenlief for an incident in Uniontown last November. Greenlief still faces a charge of public drunkenness but his attorney Samuel J. Davis said Monday he planned to file a motion to transfer the summary citation back to District Justice Mark Blair.
Greenlief, 60, of California was charged with several offenses after he allegedly got into a car owned by Jeff and Amanda Pikulsky Nov. 24. He allegedly got in the vehicle to move it without Amanda Pikulsky’s permission while her husband was inside the Highland House bar in Uniontown to get a friend. The car was parked in front of the Main Street bar.
Once inside the car, Greenlief reportedly moved the car about six feet, and then refused to get out. When Jeff Pikulsky, a newspaper reporter for the Valley Independent, returned, he reportedly pulled Greenlief from the vehicle while his wife pushed him from inside.
A brief physical altercation that also involved Greenlief’s brother, Leonard, ensued before John Greenlief’s wife pulled up in a vehicle and left with the two men.
John Greenlief was charged with robbery of a motor vehicle, theft, disorderly conduct, unlawful restraint and a summary citation for public drunkenness. Leonard Greenlief was cited of public drunkenness and harassment. He was found guilty of the latter charge only.
Blair dismissed the robbery and theft charges against Greenlief. Davis filed a motion before Judge Gerald R. Solomon to dismiss the other charges against him, claiming that there was not enough evidence for Blair to hold those over for court.
In dismissing the disorderly conduct charge, a misdemeanor, Solomon ruled that prosecutors “failed to put forth any evidence that (Greenlief) created a hazardous or physically offensive condition, or that he intended to cause substantial harm or inconvenience to the public.”
Those are the terms necessary for such a conviction.
He also noted that, while there was a fight, Leonard Greenlief, not John Greenlief, caused it.
“It is clear from the record that the defendant was under the influence of alcohol to an extent which caused him to be unaware of the events unfolding around him. The public disturbance, if any, that followed was originated, and caused by, third parties who either arrived or were present at the scene of the incident, not (Greenlief),” concluded Solomon.
The unlawful restraint charge, wrote Solomon, is meant to be an intermediary charge between kidnapping and false imprisonment. However, wrote the judge, there was not enough evidence to support even a false imprisonment charge.
“Needless to say, if (Greenlief) had not been intoxicated, this situation would never have arisen, and his attempt to have the vehicle moved would have been accomplished in a more acceptable manner. While Mrs. Pikulsky’s reaction is understandable, (Greenlief’s) actions never exposed her to serious bodily injury, nor was she ever restrained,” wrote Solomon.
He did, however, keep the citation for public drunkenness, noting that preliminary hearing testimony from several people, including the Pikulskys and Highland House doorman Raymond Newhouse, indicated Greenlief was intoxicated.
Since that is a citation, Davis said he would likely file a motion to move the citation back to Blair’s office for disposition since county judges generally don’t hear summary cases.
With the resolution of the criminal case seemingly on the horizon, there still remains a civil matter for the courts to deal with.
In January, John Greenlief and his wife, Merridy, filed suit against the Pikulskys claiming they were the true victims in the case.
Also filed by Davis, the suit claims that the Pikulskys were “sadistic” to the Greenliefs and were the aggressors in the conflict.
Jeff Pikulsky, claims the suit, beat John Greenlief and slammed his head and body into a car door. When Greenlief fell into a planter in front of the Highland House, Amanda Pikulsky started kicking him while her husband continued the assault.
When Merridy Greenlief tried to stop the alleged beating, the suit claimed that Amanda Pikulsky attacked her.
The suit requests damages in excess of $25,000, the limit for arbitration in Fayette County.