All Charges Dismissed Against Two Clearfield Borough Police Officers

CLEARFIELD – Two Clearfield Borough police officers were exonerated following two preliminary hearings on Thursday.

The hearings were heard before Magisterial District Judge Richard Ireland at the Clearfield County Jail in a room packed with police officers.

In the first case, Officer Brian Dixon was charged with unsworn falsification to authorities, false reports to law enforcement authorities and official oppression.

Those charges came from a domestic dispute that occurred on Dec. 3, 2007 in Clearfield Borough. It was alleged that a man involved in that case attempted to assault police officers. As a result of charges against Sgt. Greg Neeper and Dixon, the charges of attempted homicide against police officers were withdrawn.

Lawrence Township Police Officer John Walker testified that he arrived on scene as back-up. He said that when he went to the location of the disturbance Dixon and Officer Michael Rummel were already there. He testified that when the defendant in that case, Anthony Werman approached the door, he could not see a knife on him.

Walker said that Dixon was in front of the door and that Werman was partially concealed by the door. Walker said that he could not see Werman’s left arm or shoulder, but that he did not have a knife in his right hand. Walker said that Werman was being offensive. He said that at one point Werman attempted to close the door on Dixon. Dixon put his foot in the door and attempted to grab Werman and could not. He said that Dixon went after Werman and struck him with his flashlight.

Walker said that Werman tripped. Walker said that at that time he was the first to make contact with Werman and that Rummel helped to handcuff him.

Walker and Rummel took Werman to a squad car for transport to the Clearfield County Jail. Walker said that he went back up to get his handcuffs. He said that another member of the LTPD was there now with Dixon. He said that while Officer Julie Wehler was there, he did not hear Dixon make any mention of a knife or of safety concerns because of a knife.

“I didn’t know where the knife was,” said Walker. “It wasn’t on Werman.”

“When I found that Mr. Werman was being charged with attempted homicide I questioned it,” said Walker.

He testified that if a weapon was present it was practice to call out the weapon to notify other officers.

Walker testified that while waiting outside the apartment Dixon came down and showed him a knife. He said he told Dixon it was a good thing Dixon found it because he did not know it was up there. Walker also said that he and Dixon tried to theororize where the knife came from.

Walker also testified that he was upset with reports that Werman charged at them with a knife because he felt it was made up.

Rummel testified that Werman charged them from the kitchen at a fast walk. He said that Werman was belligerent and made a statement about killing them. He said that was when Dixon went into him. He said that Werman backed away, and that was when he and Walker took him down and secured him. He said that while transporting Werman he got a call from Dixon over the radio to make sure they patted him down because he found a knife. Rummel testified that he did not see a knife in Werman’s hands. He also testified that he could not see Werman’s left hand when he was at the doorway.

Under cross examination Rummel said that while they were taking Werman into custody his attention was on Werman.

Rummel was presented with a written statement that he prepared. In that statement he noted that Werman mentioned that the police officers were lucky that he (Werman) dropped his knife. He said that Werman told them they were lucky that they got the knife off of him or he would have killed them.

Rummel was also asked if he told CBPD Chief Jeff Rhone if he saw a silver flash in the apartment. He testified that he did.

He also testified that he initialed Dixon’s report of the situation, which was posted at the station and is the practice of the CBPD. Rhone later testified that initialing a report signified that the person read it and that there were no discrepancies in the report.

Defense attorney Stephen Greenberg asked for all charges against Dixon in that case to be dismissed. He stated that there was no evidence to show that Werman did not have a knife, and pointed out that neither Rummel nor Walker could see the man’s left hand.

Clearfield County District Attorney William A. Shaw Jr. argued that it was an argument best heard by a jury.

Ireland went over his own notes, repeatedly pointing out that neither Rummel nor Walker could see the man’s left hand. He said that they had no idea if the man had a knife, nor did they search for one.

“I’m going to dismiss all of these charges,” said Ireland.

The room erupted in applause.

The second case revolved around allegations that Neeper and Dixon conspired and worked to intimidate Rummel from talking to state police in an investigation into the overall incident.

Rummel testified that he was contacted by Neeper on Jan. 11 about a meeting that Rummel was supposed to have with the state police the next day. Rummel testified that Neeper told him he (Rummel) was not going to meet with the state police the next day, but with the union attorneys to let him know about what was going on with the investigation.

Rummel said that Neeper also told him, “I can’t tell you not to go talk to the state, but I am advising you not to meet with the state.”

Rummel said that upset him. He said that he felt Neeper was trying to make him not talk to the state police. He later testified that he was not intimidated, only angry.

Rummel testified that later that night he ran into Dixon at Sheetz. He said that Dixon told him they were going to talk to the union attorneys the next day, not the state. He said it made him feel the same way, angry. Rummel later testified that that Dixon was the union steward, the go-between between the union and the police department.

Rummel said that when his shift was over he went to meet with the union attorney. He said that he was offered a ride by his fellow officers but turned it down. He said that he did not have a lot of time because he had to attend a meeting at his son’s school.

Rummel said that he arrived at the Comfort Inn dining area first. Greenburg then arrived, and the two discussed Rummel’s legal options. Rummel said that Dixon and Neeper showed up and sat behind him, one to each side. He said he felt uncomfortable because he was the focal point for attention.

Rummel also testified that he was aware that Dixon had received the same information from the state police about an investigation into the Werman incident.

Dave Mason, Neeper’s attorney, asked if Rummel eventually talked to the state police. Rummel said that he did. He also asked Rummel if he had been intimidated by Neeper’s statement to him. Rummel said he was not intimidated at that point, nor when Neeper offered him a ride to the Comfort Inn.

Rummel also testified under cross-examination that he did not report any of the inaccuracies that he believed Dixon filed.

A man from the Teamsters 205 testified that it was a union steward’s duty to handle the day-to-day issues, and if they could not handle the issues, the union would. He said that the steward is expected to advise their fellow officers of their rights.

In closing arguments Mason asked for all charges against Neeper to be dismissed. He noted that Rummel talked to the state police and that Rummel was neither intimidated nor deterred from talking to the state police, that Rummel testified to not being intimidated by Neeper, and that there was no evidence of a conspiracy between Neeper and Dixon to keep Rummel from talking to the state police.

Greenberg argued that Dixon was doing his duties as a steward in advising Rummel to learn his legal rights in the investigation.

“Dixon did what stewards do,” argued Greenberg.

“The testimony speaks for itself,” Shaw countered.

Shaw argued that Dixon and Neeper were working Rummel over not to speak with the state police.

“They’re hiding behind the badge of union steward now,” said Shaw.

“Mr. Rummel was clear he was not intimidated,” said Ireland.

Ireland stated that it was not just the issue of the union, but the right people have under the constitution to consult with an attorney. He noted that Rummel did talk to the state police.

“He was free to and did act of his own wishes,” said Ireland. “I cannot even find the elements of an offense here.”

Ireland dismissed all charges against both men in that case.

After the hearing Rhone noted he believed justice was done, and that both men had their due process. He also noted that he expects them back on duty soon.