Accused Nelson House Burglar has Hearing, Charges Bound Over

DUBOIS – A DuBois man accused of breaking into the Nelson House had charges held to court following a preliminary hearing on Friday.

Justin Powers is facing charges of attempt to commit burglary, burglary and criminal trespass.

The husband/wife owners of a nearby business testified that on the early morning of June 7 they were on their way to work. They were stopped at a sign at the intersection of Quarry Avenue and Main Street when they noticed a man wearing a hooded sweatshirt run by them. The husband said that he heard to banging sounds then saw Edward Walko, the owner of the Nelson House, chasing after the suspect.

According to a previous story witnesses said they saw Walko stop and collapse during the chase. Walko was later pronounced dead at the scene by emergency medical services.

Both said that they followed the man up a few alleyways. Both testified that they saw him make throwing motions at different points during the chase. Both also testified that the man was wearing a hooded sweatshirt and black shorts with a pattern on the pockets.

They testified that they eventually lost sight of him. The husband said that that within a few minutes they came to a parking lot when the saw a man wearing a muscle shirt and black shorts.

“He was sweating bad,” said the husband, who also commented on the man’s facial features.

“His nose looks like it got broke.”

The husband said he told the man to stop and the other man replied, “Who, me,” and approached their vehicle. He said that his wife started shaking her finger at the man and said, “You know what you did.”

Both testified that at this point the man began to flee. They said that when he turned his shorts were those of the man wearing the hooded sweatshirt.

They gave up the chase and let police take over. The wife testified that she helped police to find a flashlight that Powers had allegedly thrown, and the husband pointed helped them find a black hooded sweatshirt, both in the alleyways they were chasing him down.

They testified that at one point they were asked by police to identify a suspect. They were taken to Powers’ home. Both said that Powers was the same person they saw in the parking lot.

DuBois City Police Officer Randall Young testified that after getting a de scri ption of the suspect police decided to interview Powers.

“I’ve met with Powers numerous times,” said Young.

Young said that Powers agreed to speak with police at the station. He said that Powers admitted to going to the Nelson House to see how much money he could get.

Young testified that Powers told him that the suspect stuck his head in the opened the door and stuck his head in. He said that Powers then told him someone yelled at him from the inside and he took off running.

Young stated that Powers gave both written and verbal statements.

Officer Shawn McCleary testified that he filed the charges on information received. He said that Powers’ probation officer was called after it was determined he violated his curfew. McCleary said that while the probation officer was en route they attempted to call her again to inform her that criminal charges were going to be filed.

Defense Attorney Ron Collins argued that Powers never entered the Nelson House, therefore charges of burglary and criminal trespass should be dismissed. Earle Lees, assistant district attorney, argued that the banging sounds that one witness heard were the side doors of the Nelson House being opened and shut. He also argued that if, as Powers claims, he opened the door and stuck his head inside, he still broke the plane of the doorway.

Magisterial District Judge Patrick N. Ford took a brief recess before returning charges of attempt to commit burglary, burglary and criminal trespass to the next level of court.

Powers remains incarcerated in Clearfield County Jail.