State police drop charges against 2
State police in Kittanning have withdrawn charges against two former Pine supervisors accused of making unauthorized purchases of fuel with township gas cards.
Douglas F. Kennedy, 64, and Richard “Dicky” Myers, 53, both from Templeton, have each been cleared of the charges of theft by deception and of access device fraud.
Attorney Joel S. Sansone, who represented Myers, said Monday his client believed the charges were improperly brought against him. He said Myers is relieved the issue has been resolved and that his name has been cleared.
Attorney Robert Cinpinski, who represented Kennedy, could not be reached for comment, nor could Cpl. Joseph Murphy of the state police in East Franklin who filed the charges.
In January, Myers and Kennedy appeared before District Judge Samuel R. Goldstrohm and agreed to pay restitution to Pine in exchange for the charges being dropped.
Even though both men maintained their innocence, Kennedy agreed to pay $3,804.03. Myers agreed to pay $1,490.54 in addition to state and federal tax on fuel he allegedly purchased in 2004 and 2005 using a Pine gas card totaling $3,987.22.
According to an affidavit, the charges were filed against Myers on Aug. 26 after the alleged unauthorized fuel purchases were discovered by township supervisors and township secretary, Stephanie Reedy. The incidents allegedly took place between Jan. 17 and Nov. 23, 2004. Myers was a Pine supervisor in 2004 and 2005.
Charges were filed against Kennedy, also on Aug. 26, after Reedy and township supervisors said they discovered unauthorized purchases of unleaded gasoline made with a Pine gas card. The discovery was allegedly made in 2008 and the affidavit accused Kennedy of making illegal purchases between Aug. 19, 2005 and Nov. 14, 2007. Kennedy was a Pine supervisor in 2005, 2006 and 2007.
Although charges in this case have been withdrawn, it is unlikely that Myers has had his last day in court with the state police.
In August, Myers filed a federal lawsuit against a number of Armstrong County-based state police troopers who he alleges have violated his civil rights.
Myers filed the suit on Aug. 30 against trooper Brian Shaffer and 11 other troopers, alleging they participated in the use of excessive force against him, charging him with false charges and crimes, charging his son with false charges and crimes and harassing him and his son.
According to the lawsuit, Shaffer began having an affair with Myers’ wife, Jacqueline Myers, around January 2008. When Myers became aware of the affair he contacted Shaffer in November 2009. Since then, the suit alleges that “Shaffer has used his position, power and influence as a Pennsylvania state trooper to harass and otherwise deprive Myers of his constitutional rights. Defendant Shaffer has enlisted the assistance and conspired with the other named defendants in order to carry out this harassment.”
The other troopers named in the lawsuit are Anthony Aulicino, James DePaolo, Thomas Dubovi, Daniel Herr, Randall Kruse, Steve McKillop (listed as McKizzop in the complaint), David Naberezny, Bradley Smail, Thomas Snyder, Samuel Vicari and Brian Wolfe.
Joel Sansone and Scanlon & Sansone are representing Myers in the federal lawsuit.