Voluntary Manslaughter Charges Dropped Against Men Involved in Irvona Incident

CLEARFIELD – Two men accused of voluntary manslaughter had those charges and others dropped after a preliminary hearing Wednesday by Magisterial District Judge James Hawkins.

Leonard A. Brink of Flinton and Scott Phillip Queen of Curwensville initially faced charges of voluntary manslaughter, criminal conspiracy to commit voluntary manslaughter, involuntary manslaughter, criminal conspiracy to commit involuntary manslaughter, aggravated assault, criminal conspiracy to commit aggravated assault, simple assault and criminal conspiracy to commit simple assault.

Those charges stemmed from the result of an incident at RJ’s Corner Bar in Irvona on June 21.

Before the hearing began a pathologist report was entered into evidence. Attorney’s stipulated to the evidence, which stated that a form of head trauma was the cause of Robert Ball’s death.

The bartender that night testified that an argument began between Ricky Thompson of Mahaffey and Scott Francisco of Coalport.

Thompson waived charges of simple assault, two counts of harassment and disorderly conduct. Francisco waived his right to a hearing on charges of simple assault, harassment and disorderly conduct. Both were scheduled for hearings Wednesday afternoon.

The former bartender said that the argument turned physical, and that both men ended up on the floor. Prior to the argument turning physical, the woman said that she had asked Queen to keep an eye on the two men.

The former bartender said that Queen held Thompson down once he was on the ground. She said that she asked Francisco to stay down, which she said he did. She said that when she told Thompson to leave, he became irate, yelling profanities.

She said that she asked Queen and Brink, separately, to remove Thompson and Ball, who had become involved, from the bar. She stated that there was pushing, with Thompson pushing back.

She said that once the men reached the walkway after an inside door she did not see what happened, as the door had closed. She said that Queen and Brink returned, and that neither sat near the other. She also said that she was told by both men that Ball tripped over Thompson.

Under cross examination the former bartender was asked if Queen was angry or if he had used profanity or agitated. The woman said that he was not. She also stated that Brink did not use profanity or shouting.

State Trooper Robert Deluccia testified that he interviewed Queen at the scene. He said that Queen told him that Queen got involved when the bartender asked him to help. Deluccia said that Queen said that when he let Thompson up he tried to push him out of the bar, and that was when Ball became involved.

Deluccia said that Queen told him that “Rick fell down. Rob tripped over him.”

Trooper William Mostyn, investigator, also testified. He said that he interviewed Brink. He stated that Brink told him that when Thompson was being led out and came to the outside door to the establishment, Thompson put his hands on the doorway to keep from being pushed out.

Brink reportedly stated that “we tried to get Rick (Thompson) out of the door and Rob (Ball) was behind us. I was trying to pull his arms down and I pushed him in the back with my hand on his side as I couldn’t get his arms. Scott’s helping me and Rick goes out the door.”

Brink reportedly told Mostyn that after Thompson was out of the doorway, Ball did the same, putting his hands on the doorway to keep from being pushed out.

Mostyn said that Brink wrote in a statement that “It was one continuous motion as we pushed him (Rob) out the door he tripped over Rick.”

Such a fall would have wound up with Ball falling from steps to a pavement landing.

When asked under cross examination where the conspiracy came in Mostyn replied, “The agreement came from the actual act itself.”

Mostyn was also asked about the charges of aggravated assault filed against Queen and Brink.

“Do I think that was their intent, to kill him, no,” replied Mostyn.

Defense attorneys for Queen and Brink questioned Mostyn on who the last person to touch Ball was, where they specifically touched Ball when they pushed him.

“I can’t be specific other than they were pushing on his back,” said Mostyn.

During closing arguments, the defense attorney’s for both Queen and Brink asked for charges to be dismissed against their clients.

Queen’s attorney stated that the case was a civil case, not a criminal case. He said that the commonwealth could not show that his client acted with reckless indifference to Ball’s life.

“It’s a tough case,” said William A. Shaw Jr., Clearfield County district attorney. “We’re obliged to bring it to court. Shaw also added that he wasn’t saying it was Queen’s and Brink’s intent to kill Ball.

"It's an extremely, extremely unfortunate situation," said Shaw.

After hearing testimony and argument, Hawkins held charges of involuntary manslaughter and simple assault to court on both men.

“All the other charges will be dismissed,” said Hawkins.