Published: Saturday, September 30, 2006
Judge dismisses assault charge
YOUNGSTOWN — A felony assault charge against a New Castle, Pa., man police say used an earth mover to rip out a massive truck scale was dismissed.
Raymond Gennaro, 54, of Reiber Lane had been charged with felony assault on a police officer and misdemeanor counts of obstruction of justice and criminal damaging. At a preliminary hearing Friday in municipal court, Judge Elizabeth A. Kobly dismissed the assault charge after finding no probable cause.
"I'm glad she saw it that way," Gennaro said.
The remaining charges were set for trial Nov. 6.
Bret Hartup, assistant city prosecutor, said the defense showed a surveillance video of the event that he believes showed the elements of assault but the judge found no probable cause. He said the tape does show that the officer fell.
Last week, police were sent to 2530 Hubbard Road when a court bailiff with an order to take possession of the truck scale on the property said she was getting a hard time.
Reports show that Gennaro, who operates a slag recovery operation on the property, approached the scale with an earth mover and used the attached magnet to pick up disassembled scale pieces and tools lying on the scale deck.
Gennaro then poised the bucket back over the scale in an effort to rip it out, police said.
Detective Sgt. Gerald Maietta said in his report that he was thrown several feet backward and landed at the end of the concrete deck while the scale deck assemblies broke free from one another and crashed to the ground.
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from vindyJOBS.com
