Archive

ShareThis Page
DA to probe assault charge against local mayor | TribLIVE.com
News

DA to probe assault charge against local mayor

Collen Pollock
| Tuesday, May 10, 2005 12:00 a.m

WEST NEWTON – Westmoreland County District Attorney John Peck said Monday his office will investigate an allegation that West Newton Mayor Art Berarducci allegedly injured an Allegheny County man who owns property in the borough by striking him twice with his vehicle.

Peck said an assistant county detective will be assigned today, after the district attorney’s office received a request from borough Police Chief Gary Indof.

“Chief Indof said the incident involves someone related to the president of council (David J. Martinelli) and the mayor,” said Peck.

The alleged victim is Dale Kimberly, 42, of Sutersville.

His wife, Diane Kimberly, attended Monday night’s borough council meeting to relate the incident involving her husband, who did not attend the meeting.

The Sutersville claimed Berarducci intentionally caused personal injury to her husband.

Kimberly, who apparently was not aware that Indof had already approached the district attorney about the situation, asked why criminal charges have not been filed against the mayor for allegedly striking her husband twice on the shoulder with the mirror of his truck while he was standing at the VFW parking lot on May 6.

According to Kimberly, her husband was treated at an area hospital for contusions to the shoulder and continues to seek medical treatment.

Diane Kimberly is Martinelli’s daughter. She and her husband own of Council President Dave Martinelli. The couple own Kimberly Services in West Newton.

“(Berarducci) put the truck in reverse and hit Dale in back of the shoulder with the mirror of his truck not once, but twice,” said Diane Kimberly. “If he (Police Chief Gary Indof) wasn’t going to file the report, if this was a conflict of interest for him, why didn’t he call in the state police immediately?”

According to Kimberly, her husband was looking at possible contract work for the borough when he asked the mayor why he didn’t show up for a scheduled meeting. She said the incident took place after the mayor responded he didn’t have time to attend.

“The whole situation I have discussed is an inappropriate manner for a mayor or someone who works in the sheriff’s department,” she said.

Kimberly gave council the name of her attorney who will address the matter.

Berarducci declined to comment on the incident.

“If there’s going to be legal action, I’m not going to comment on it,” said Berarducci.

Diane Kimberly said she had planned to talk to council only about an ordinance violation she thinks was unjustly issued before the May 6 incident occurred.

Her tenant, S&S Auto, was apparently cited for having tires, car parts, oil containers and other items on the property. She said the items do not belong to the shop owner and are cleared weekly from the property.

“Artie (Berarducci) made a phone call to my tenant and harassed him over on an ordinance issue that did not pertain to him,” said Kimberly. “Does he have the right to enforce the ordinances or to address them?

“Artie is well aware of whose property this is because there are other ordinance issues that have been in effect for the past year and nothing has been resolved as of yet on these other issues.”

Kimberly presented council with a stack of photographs taken of other properties in the town’s Third Ward that apparently have not been cited for similar conditions.

Dale Kimberly, Martinelli, Berarducci, Indof and the shop owner met at the shop to discuss the ordinance violation on May 4.

“I don’t enforce issues,” said Berarducci. “Enforcing issues means you cite people. I just address the issues in this borough, whether it be an ordinance or another problem.”

Berarducci said he didn’t think the tenant was harassed.

“We talked to the tenant and everything seemed kosher to me. He didn’t mention anything about being harassed,” the mayor said.

Indof said his department has issued about 60 citations for abandoned vehicles and litter in the borough since January.

Berarducci said his sister, Kim Balko, was among those receiving a citation for an abandoned vehicle.

“We obviously can’t get to every ordinance violation in this town in the same day. There are other jobs to be done,” said Berarducci. “I had the chief send my own sister a violation letter, so I’m not singling anybody out or taking care of my friends.”

Last fall, Martinelli filed charges against Berarducci, alleging the mayor had threatened him and blocked his exit from the borough building.

A preliminary hearing on that matter was continued for 90 days, but charges were dropped prior to the second hearing.

Categories: News
TribLIVE commenting policy

You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.

We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.

While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.

We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers

We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.

We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.

We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.

We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.