Mt. Carmel Twp.

cops statement
By Mark Gilger (Staff Writermark_g@newsitem.com)
Published: October 16, 2014

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SUNBURY - Northumberland County District Attorney Ann Targonski says she doesn't
consider traffic violations or a summary disorderly conduct charge filed against two off-
duty Mount Carmel Township police officers to be "criminal" charges.

During an interview Wednesday afternoon in her office, the chief law enforcement
official in the county clarified previous comments made to the media involving a
Kulpmont police officer being led on a midnight pursuit on Labor Day.

"Criminal charges are offenses that are dealt with in the Court of Common Pleas in
Sunbury, while summary charges are dealt with at the district judges' offices," she said in
clarifying her Oct. 2 statement in which she wrote, "I have determined that any activity
that occurred is not criminal in nature."

Six days later, two officers had been charged, but with summary offenses.

Targonski had issued the press release after consulting with Trooper Phil Davis of state
police station at Milton, who conducted the investigation into the alleged prank.

She said Davis informed her that a vehicle operated by Mount Carmel Township
Patrolman David Stamets was traveling approximately 25 mph throughout the incident.
She said there is no evidence that Stamets was driving under the influence of alcohol or
drugs.

The district attorney said again Wednesday, however, that she was unaware that the
vehicle driven by Stamets was not registered when she issued her statement.

Targonski said Davis conducted the investigation on information received by on-duty

Kulpmont Patrolman David Tomtishen, Stamets, Officers Patrick J. McAndrew, Matthew
Filarski and Michael Pitcavage, and multiple other witnesses.

She said Cpl. John A. McGeary of state police at Milton filed citations against
McAndrew and Stamets on behalf of Davis, who was called out of the area to provide
emergency duties. That's the only reason a second trooper was involved, she said.
"He (Davis) was assigned other duties after completing his investigation, but before the
charges were filed," Targonski said. "Cpl. McGeary wasn't involved in the probe. He just
filed the charges."

Stamets, 27, of Kulpmont, was cited for driving a vehicle without a registration plate,
failing to pull over for an emergency vehicle and a stop sign violation. Fines and court
costs total $307.50.

The citations were filed Oct. 7 at the office of Magisterial District Judge Hugh A. Jones,
Mount Carmel.

Labor Day joy ride

Stamets was driving an unlicensed, unregistered Jeep Wrangler shortly before midnight
Sept. 1 when McAndrew, 26, of Kulpmont, allegedly tossed a pack of lit firecrackers
from the vehicle onto the street at the traffic light at Chestnut and Sixth streets in
Kulpmont.

It sparked a pursuit with Tomtishen, who was parked in the lot of the Fuel On
convenience store at the intersection when the firecrackers exploded. Tomtishen activated
his cruiser's emergency lights and pursued the Jeep. The vehicles drove north on Sixth
Street and turned east onto Clermont Street in Marion Heights. Stamets is accused of
failing to stop at a sign posted at Clermont and Woodland streets, Marion Heights. He
reportedly evaded police after driving south into the woods near the intersection.

Stamets is a full-time patrolman and McAndrew is part-time. Sources identified two other
passengers: Filarski, a full-time patrolman, and Pitcavage, a part-time patrolman. All four
were off-duty. Pitcavage also is the full-time chief of the Kulpmont Police Department,
and is the superior officer of Tomtishen and McAndrew, both of whom are part-timers for
the borough.

Sources say neither Tomtishen nor assisting Patrolman Kelly Campbell of the Mount
Carmel Township Police Department knew who the occupants of the Jeep were as the
pursuit unfolded.

McAndrew was cited Oct. 7 with a summary citation for disorderly conduct. He pleaded
guilty to the offense Tuesday before Jones and was ordered to pay a fine and costs
totaling $303.

Mount Carmel Township supervisors asked state police to investigate the incident to
avoid any potential conflicts of interest. The Stonington station declined the request,
citing its own potential conflicts. The Milton station took on the investigation.

In her Oct. 2 press release, Targonski denied any evidence that "anything was thrown at
the officer or his vehicle nor was there any high-speed pursuit involved." She cited
"speculation and inaccurate information."
She also said a summary offense and traffic citations would be forthcoming, and that stop
sign violations had occurred.

All four officers riding in the Jeep remain on paid suspension since Sept. 5 by the Mount
Carmel Township Board of Supervisors. Three part-timers, including Tomtishen, were
hired last month to help fill their shifts.

The supervisors met Oct. 8 for a closed door executive session for personnel reasons.
They had discussed the incident and formally agreed to move forward with an internal
investigation. The results could lead to administrative punishment.

Police Chief Brian Hollenbush said he is undertaking the investigation himself. There is
no deadline and he isn't sure how long it will take, but he said he'd like to reach a
resolution quickly.

He has requested investigation reports from state police, but hasn't yet heard if they'll be
released. He will also interview all officers involved, both on-duty and off-duty.

At the Kulpmont Borough Council meeting Tuesday, Mayor Bernard Novakoski said
McAndrew and Pitcavage were disciplined, but refused to say what punishment they
received.

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