Local man’s trial delayed for appeal
After a judge ruled to quash three charges against a Connellsville man, his trial was delayed while Fayette County prosecutors appeal the decision. Five months ago, Robert Schroyer went to trial for allegedly kidnapping and raping a Connellsville woman. What jurors did not hear was that in the aftermath, he held state police at bay, and allegedly pointed a loaded shotgun at a trooper before eventually turning the weapon on himself.
The way the charges were prepared at Magisterial District Judge Robert Breakiron’s office led a Fayette County judge to separate the two incidents when Schroyer went to trial in June.
Although Breakiron held a preliminary hearing in April 2004 on all of the charges in the Feb. 13, 2004, incident, when he forwarded the charges to the clerk of courts office in the county courthouse, only the charges relating to the alleged kidnapping and rape of the woman were sent.
When Schroyer, 27, of 333 Bellview Road, was arraigned in court, it was for those two charges, along with involuntary deviate sexual intercourse, stalking and terroristic threats. He had been charged with aggravated assault, reckless endangerment and resisting arrest connected to the standoff.
Police filed the latter charges after Schroyer shot himself. The kidnapping and sexual assault charges were filed during the standoff.
When Schroyer went to trial in June, prosecutors noticed that not all of the charges were filed, and amended them. Schroyer’s attorney, Diane Zerega, objected to that, prompting Judge John F. Wagner Jr. to separate what was essentially one incident into two.
Schroyer was found not guilty of kidnapping and stalking his alleged victim, and jurors deadlocked on charges of rape, involuntary deviate sexual intercourse and terroristic threats.
Zerega followed with a motion to quash the remaining charges because they never were filed in the clerk of court’s office.
Warman’s opinion noted that any charges not filed with the clerk of court’s office are deemed withdrawn.
His opinion noted that prosecutors could have corrected the situation before trial. Although Breakiron filed a new listing of charges in August, Warman ruled after the case was shipped to the courthouse, the district judge no longer had the authority to do that.
Prosecutors “should have sought the court’s permission to require the amendment of the transcript filed by the district judge.
“In the absence of such request, the charges are deemed to have been withdrawn,” he wrote.
Vernon appealed Warman’s opinion, and Schroyer’s case was stayed while the state Superior Court looks over the decision.
“The error on the docket was not occasioned by the commonwealth. In fact, the record reflects all charges were bound for court. Defense counsel was aware that all charges were bound for court and that the magisterial district judge inadvertently failed to file the proper (charges),” Vernon wrote.
Police charged Schroyer after he alleged dragged the woman from her car and took her to a house, where he allegedly bound and raped her.
The woman escaped and ran to a neighbor’s home, police said, but Schroyer allegedly dragged her back and assaulted her.
Police said the neighbor called for help, and the woman was able to escape when a state police trooper knocked on the door of the home where she was allegedly being held and told her to run.
Schroyer led police on a chase and ended up in a field along Keefer Road in Bullskin Township. He held police at bay with a shotgun for several hours, until he fired a single shot into his abdomen.