By SAXON DAUGHERTY
Staff writer
An Emlenton man accused of trespassing on private property and then trying to elude police last month was held for court Wednesday.
David Bartley, 26, appeared before District Judge Patrick Lowrey for the preliminary hearing in Venango County Central Court.
Prior the start of the hearing, the criminal complaint filed against Bartley was amended to replace a charge of resisting arrest with a misdemeanor count of flight to avoid apprehension.
Bartley is also facing misdemeanor counts of defiant trespass and disorderly conduct.
Trooper Daniel Kephart of Franklin state police was the lone witness to testify Wednesday. He was first questioned by assistant district attorney Brenda Servidio and then cross-examined by Bartley’s defense counsel, Matthew Parson.
Kephart said police received a complaint of a man trespassing on an elderly couple’s property on May 18, but the person had left the area by the time officers arrived.
Kephart said another call came in about an hour or two later from the homeowners to report the man had returned to the property and was kicking the door, in addition to throwing rocks. The man was allegedly looking for a person who didn’t live at the residence and appeared agitated, according to Kephart’s testimony.
Kephart said one of the homeowner’s grandchildren followed the man as he walked into a wooded area near the bike trail about half a mile away, which is where police later confronted him. Kephart said the man was Bartley, and when police approached him, Bartley ran up a hill away from officers before he was taken into custody.
While being apprehended, Kephart said Bartley was acting in a strange manner and was obviously under the influence of some type of stimulant.
Kephart said Bartley was changing his voice and said, “We come in peace.”
In comparison, Kephart said Bartley was being a “completely different person” in court Wednesday.
A family member of the homeowner has a cellphone photo of Bartley on the property and it can be acquired for further evidence, if needed, Kephart said.
Parson didn’t provide any argument against the charges as filed, and Lowrey ruled sufficient evidence was presented to bind all charges over to the Court of Common Pleas for further proceedings.
Bartley remains in the Venango County jail on $25,000 bail.