05/01/08 — EDINBORO — Four persons were charged with harassment Wednesday for their actions in a scuffle at a peace rally in Edinboro April 22.
Charges were filed against Jason and Carrie Swartout of Townville and sisters Andrea and Alyssa Stelmack of Erie, students at Edinboro University of Pennsylvania. Jason Swartout is an Iraq War veteran. He, his wife, 14-year-old son and other children were among a group of pro-troops supporters counterprotesting a pro-peace event held by a group called Tuesdays at Two.
According to previous reports, two groups were on opposite sides of the street and had been shouting at each other, but the physical scuffle didn’t start until the Swartout’s 14-year-old son crossed the street to videotape part of the event.
Edinboro Police Officer Todd Eaglen filed the charges as a result of a police investigation, according to Edinboro Police Chief Jeff Craft. Citations were sent in the mail Wednesday by District Magisterial Judge Denise Stuck-Lewis.
The defendants have 10 days to respond. If they plead guilty — or are found guilty by Stuck-Lewis — they face up to 90 days in jail and fines of $300 each.
Asked if the Swartout’s 14-year-old was charged, Craft said he could make no comment regarding juvenile charges.
Craft said the investigation is complete and he expects no further charges. He said he had viewed videotapes of the incident — one taken by the Swartouts and one by a Tuesdays at Two participant.
He said he couldn’t really tell who made physical contact first because the videotapes did not show everyone all the time.
The harassment charges stem from the physical encounter only — which appeared to be brief — not from the verbal clash. No injuries were reported to authorities. Craft said harassment charges are for pushing, shoving, kicking and striking and are a lesser-degree charge, rather than simple or aggravated assault that can follow some physical altercations.
Although Edinboro Borough does have an ordinance requiring that a permit be issued before anyone can hold or participate in an assembly in the borough, Borough Manager T.J. Jemetz said no one had obtained such a permit before the April 22 rally.
Although it is unlawful to hold or participate in such an event unless a permit is issued, Jemetz said no charges will be filed in this instance. He said the purpose of the permit is to give notice to the police of such an event should their assistance be needed, while “striking a balance between free speech and public safety.”
He said the borough does not normally have a lot of protests and assemblies, and borough officials had to “dig (the ordinance) out and make ourselves smart” regarding the rules.
Jemetz said the location where the incident took place — a “town square” setting on Meadville Street in downtown Edinboro — is not well suited for assemblage. He noted it is a rather small area with a particularly dangerous intersection.
Jemetz has advised both sides of the issue about the ordinance and gave representatives copies of the guidelines. He indicated the EUP students involved said they would not return before fall since classes are nearly over for the semester.
Carrie Swartout was a guest on Bill O’Reilly’s “The O’Reilly Factor” TV show on Fox News Channel on Tuesday evening. During the show, O’Reilly indicated that he understood that Erie County District Attorney Brad Foulk might file charges.
Although Foulk was not in his office Wednesday, an office staff member said Foulk had turned all the information over to the Edinboro police to determine if charges should be filed.
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