PAXINOS - A wheelchair-bound Paxinos man says he is frustrated and scared that one of the defendants who held him at gunpoint during a robbery at his home more than seven years ago is free on bail and has still not been brought to trial.
James Honecker, 55, who suffers from multiple sclerosis, said he is disgusted with the criminal justice system after the release last month of Erik J. Harrington, 23, of Selinsgrove, formerly of Northumberland, after a bail reduction.
Also, Honecker says he has received little restitution from a co-defendant in the case, Kasey A. Sees, 26, formerly of Sunbury, who pleaded guilty to felony robbery and burglary charges in 2006 and was sentenced to time in state prison.
And, two other young men allegedly involved in the robbery have never been located, while the statute of limitations to charge them with felony offenses expired in 2010.
"I don't understand why he (Harrington) had his bail reduced and was set free," Honecker said during an interview at his home Monday. "This has been going on for seven years. I'm really getting frustrated and scared he's going to come after me now that he's free."
To that end, Honecker says he keeps a gun within arm's reach.
Robbery occurred in 2005
Honecker was a bus driver for Catawese Coach Lines and King Coal Tours before his illness struck in 1990. It grew worse and has relegated him to a wheelchair.
It was July 16, 2005, when he was the victim of an armed robbery at his home, where he lives alone.
Harrington, Sees and the other two assailants, all wearing dark clothing, hats and bandanas across their faces, are accused of entering the home at 1:30 a.m. and holding Honecker at gunpoint in his living room while threatening to kill him.
Police said the robbers demanded money, ransacked the home and removed 12 rifles and shotguns, knives, ammunition, cash, jewelry, an amplifier and prescription narcotics with a total value of $5,590. Police said the robbers also caused approximately $300 in damage by pulling telephone cords from the wall and damaging two televisions.
Sees was charged by state police at Stonington on Aug. 15, 2006, and eventually pleaded guilty to felony charges of burglary and robbery. He was sentenced to 3 1/3 to 6 2/3 years in state prison and ordered to pay $300 in fines plus costs, make $4,000 restitution to Honecker and approximately $8,800 restitution to Honecker's insurance company.
Sees has since completed his state prison sentence and is free, and Honecker said he's received a few hundred dollars in restitution.
He also expressed frustration over the tedious process he had to go through to reacquire several of the guns he had stolen from him, some of which were found in Sees' vehicle when he was taken into custody.
As for Harrington, he was charged in connection with the robbery on March 4, 2010, but reportedly fled to North Carolina prior to his preliminary hearing. He was taken into custody April 29, 2011, by authorities in North Carolina, where authorities said he has relatives. He was eventually arraigned on May 17, 2011, on felony offenses of robbery, burglary, aggravated assault, theft, criminal conspiracy to commit robbery, criminal conspiracy to commit burglary, aiding the consummation of a crime and simple assault.
After his extradition to Pennsylvania, he was incarcerated in prisons in Snyder and Northumberland counties. But his bail was reduced by Judge William H. Wiest from $100,000 cash to $50,000 cash at a hearing May 24. The commonwealth opposed the reduction, but it was still granted, and Harrington was able to hire a bondsman to post the bail. He was released from Northumberland County Prison on Oct. 9.
'Sandy' delays trial
After a plea bargain agreement couldn't be worked out, Harrington was scheduled to have a bench trial (meaning there would be no jury) Oct. 30 before President Judge Robert B. Sacavage. But the trial had to be continued due to Hurricane Sandy, which forced the closing of all county offices Oct. 29 and Oct. 30.
A pre-trial motion hearing in Harrington's case was then scheduled for Nov. 14, but that proceeding was continued because of the unavailability of a commonwealth witness. Harrington is now scheduled for a pre-trial motion hearing at 11 a.m. Monday, Dec. 10, before Sacavage.
His lawyer is Peter Campana, of Williamsport, who reportedly is the fifth attorney Harrington has had since his arrest.
'More rights than me'
Honecker said he was against offering Harrington a plea bargain because he was told by police his sentence would probably be 5 1/2 to 11 1/2 months, whereas he could get 10 to 20 years in state prison if he was found guilty at trial.
But he said the plea bargain was offered because the district attorney's office felt there was a chance the case could be thrown out due to technicalities involving a search warrant and the acquisition of Harrington's DNA.
"He (Harrington) has more rights than me," Honecker said. "I've spent more time at hearings than he did in jail. Justice is taking way too long.
"I'm not mad at the district attorney's office or the police," he continued, "but the criminal justice system in this county is sad. I served my country in the Navy from 1975 to 1980, but I'm not proud to be an American the way this country is going."
Honecker said he's afraid Harrington is going to "win and walk," and be back on the streets. He accuses him of being a member of the Bloods gang in Sunbury.
Prosecutor's take
Northumberland County Assistant District Attorney Michael Toomey, who is prosecuting the case, said he wouldn't confirm or deny that Harrington is a member of the Bloods. He does agree with Honecker's frustration, but says it has nothing to do with any conspiracy within the legal system.
Toomey said Harrington plans to argue that the commonwealth didn't act with due diligence to find him and that prosecutors violated Rule 600 that requires defendants to go to trial within 365 days after they are charged if the defense doesn't request any continuances. Also, Campana has filed a pre-trial motion to suppress evidence against his client.
Toomey disagrees on the claim of lack of due diligence.
"A warrant was issued for his arrest and then a fugitive warrant was issued. Harrington's probation officer told him he was wanted for the robbery, but he still absconded," he said. "We were pursuing him all along before he was tracked down in North Carolina."
A 'maniac?'
Although he said he is frightened for his life, Honecker has taken precautions to protect himself.
"I guess I'm a maniac in some people's eyes," he said, "but they haven't had a gun held to their head."