Judge denies motion to dismiss indecent assault charges against Markleysburg man
The request to dismiss indecent assault charges against a Markleysburg man has been denied by a Fayette County judge.
Late last month, Judge Joseph George Jr. has denied the pre-trial motion for Kevin Michael Swanson, 39.
According to the affidavit of probable cause, Swanson allegedly inappropriately touched a minor on several occasions from May 2014 to February 2015.
The charge of aggravated indecent assault to a person less than 16 years of age and three counts of indecent assault to a person less than 16 years of age were held for trial following a preliminary hearing before District Judge Wendy Dennis on July 22.
In the motion filed by Swanson’s attorney at the time, Vincent Tiberi, the case is presented that the Commonwealth did not provide sufficient evidence for Swanson’s charges to be held for trial.
The motion also requests for the suppression of any and all statements that may have been made by Swanson.
In the order by George, the Commonwealth has established enough evidence for the case to go to trial.
Also in the order, George wrote that the district attorney’s office as well as the arresting officer in the case stated Swanson made no incriminating statements.
A pre-trial conference for Swanson has been scheduled for 9:30 a.m. Aug. 29 in the Fayette County Courthouse.
Swanson is currently free on $10,000 bond. He is currently represented by Attorney Shane Gannon.