SHAMOKIN - Two brothers accused of knocking a man unconscious in an assault and robbing him afterwards waived their rights to a preliminary hearing Tuesday morning.
Joshua I. Broscious, 18, and Scott M. Broscious, 20, both of 821 E. Cameron St., Shamokin, waived their hearings before Magisterial District Judge John Gembic III, of Shamokin. The two men are now scheduled to appear in Northumberland County Court Monday, July 11 for arraignment.
Both are charged with criminal conspiracy to commit robbery, robbery inflicting serious bodily injury, aggravated assault and simple assault related to a May 18 assault in the area of Independence and Cleaver streets that injured Anthony Nestico, of Shamokin, requiring him to seek medical care.
The siblings, dressed in orange prison attire Tuesday, were represented by defense attorney Kymberly Best, of Sunbury, as they worked out the conditions of their release. According to Gembic, the Scott Broscious was scheduled to be released on supervised bail with conditions set forth by the Northumberland County Probation Department.
Joshua Broscious was to return to Northumberland County Prison, until he can be placed in an approved mental health facility, Gembic said.
According to court documents filed by Shamokin City Police Patrolman William Zalinski and Cpl. Darwin Tobias III, a witness told police he was with Josh Broscious right before the assault, standing on Independence Street, when Nestico approached on foot and began talking with them. At the same time, Josh's brother, Scott, and a 16-year-old male from Milton, were observing from an apartment balcony.
Following the conversation, Josh Broscious, the juvenile and the witness started walking west on Independence Street, as did Nestico, several feet behind. Broscious reportedly yelled back to Nestico that he should cross the street and go, and Nestico yelled back he was going home.
As they went farther down Independence Street, Nestico began to lag behind even more, indicating there was no further arguing between them.
Police reported the witness and Broscious approached the intersection of Independence and Cleaver streets, then turned left onto Cleaver Street. When Nestico approached the intersection, Broscious yelled something to him and Scott Broscious and the juvenile approached Nestico from the rear.
According to the police report, Josh Broscious approached Nestico and punched him in the face, then continued the assault, knocking him to the ground. Police said the three kept punching and kicking Nestico while he was on the ground and Josh took Nestico's wallet, removed money out of it and threw the wallet into the Shamokin Creek along Water Street.
Police later found the wallet along the creek bank, and Nestico, while at the hospital, picked out Scott Broscious from a photo lineup shown to him by police.
The Milton juvenile also faces the same charges, but in Northumberland County Juvenile Court.