SUNBURY - Due to a recent change in criminal procedure rules, a 17-year-old Mount Carmel female charged as an adult with allegedly attacking her boyfriend with a knife last week will have to wait at least until the outcome of this afternoon's preliminary hearing to find out if her case is transferred to juvenile court.
Northumberland County Judge Charles H. Saylor dismissed a motion Tuesday afternoon to transfer the case of Crystal Nicole Clark, of 106 N. Beech St., from adult to juvenile court because the petition filed by Clark's attorney, Paige Rosini, was premature.
Saylor explained at the outset that the new state rules, which became effective Nov. 1, require that a motion requesting transfer from criminal to juvenile proceedings be filed after the defendant's preliminary hearing.
Boyfriend assaulted
Clark was charged as an adult by Mount Carmel Patrolman Matthew Dillman with two felony counts of aggravated assault, misdemeanors of simple assault and recklessly endangering another person, and a summary of harassment in connection with incidents that occurred between 1:47 and 3:30 p.m. Nov. 5 at 44 W. Second St.
Clark is accused of entering the home of Dillon Pellegrino and punching him in the face. Police said Pellegrino's earring was ripped out of his right ear during the assault.
Police said Clark then went to the kitchen, grabbed a knife with an 8-inch blade and went after the victim upstairs, where Pellegrino had barricaded himself in a bedroom. Pellegrino told police Clark was able to get in and began hitting him before being pulled off the victim by her mother, Stacey Brogan, and David Yates, who also lives in the residence. Yates told police he was able to grab the knife from Clark.
Hearing, then conference
Clark is scheduled to face a preliminary hearing on the charges this afternoon before Magisterial District Judge Hugh Jones. If the felony offense of aggravated assault to intentionally cause serious bodily injury is dismissed or withdrawn at the hearing, the case could be transferred to juvenile court since the other charges don't warrant Clark being charged as an adult.
Saylor told Paige Rosini, a public defender, and her cousin, District Attorney Tony Rosini, who was prosecuting the case Tuesday, that a status conference will be held after the preliminary hearing. That will determine when a hearing in the Court of Common Pleas will be conducted on the motion to transfer the case to juvenile court. According to rules of criminal procedure, the motion must be filed no later than 30 days after Clark's arraignment.
Recommitted to prison
Clark, who was wearing a green hoodie, an orange prison jumpsuit and sneakers, was recommitted to Northumberland County Prison in lieu of $75,000 cash bail set by Jones at her arraignment.
On Oct. 12, Clark was adjudicated delinquent by Saylor on charges of terroristic threats, threats to use weapons of mass destruction, false alarms to public safety agencies and recklessly endangering another person. The charges were filed by Mount Carmel Township Patrolman David Stamets Jr. against Clark for allegedly calling in three bomb threats to Mount Carmel Area School District on Oct. 9.
Adjudicated in the juvenile court system is the equivalent of being found guilty in adult court.
An additional count of threats to use weapons of mass destruction and charges of causing or risking a catastrophe and disorderly conduct were withdrawn.
On Oct. 31, Clark was ordered by Saylor to be released from Lycoming County Shelter Program, attend the Pennsylvania Adolescent Treatment and Healing (PATH) program and perform 50 hours of community service. Clark, who has undergone a psychological evaluation and social services assessment, also was placed on juvenile probation supervision and ordered to attend alternative education classes and comply with other juvenile probation requirements.
Clark, who had been housed in Lycoming County Shelter Care Program in Montoursville since her arrest in Mount Carmel Township, told police she made the threats because she wanted a day off school and didn't believe police would catch her.
The Oct. 9 bomb scare forced the evacuation of approximately 1,800 students, teachers and staff.
Clark, who was taken into custody Oct. 10, allegedly made three phone calls within a four-minute period stating, "There is a bomb in the school. Don't let nobody in the school."
According to police, Clark moved to Mount Carmel with her family about six months ago from Baltimore, Md.