close

Robbery, assault charges dismissed in Waynesburg home invasion case

4 min read

Justin E. McElroy

WAYNESBURG – The most serious charges against a man charged in an alleged robbery last week in Waynesburg were dismissed Wednesday by a district judge.

Justin E. McElroy, 28, who has no permanent address, is accused of forcing his way into a home at 206 S. Washington St. early March 1 and assaulting two people before taking a purse, Waynesburg borough police said.

At his preliminary hearing Wednesday afternoon, McElroy’s public defender, Kimberly Furmanek, questioned why the two victims in the case did not have significant bruising on their faces if they had been assaulted with a gun six days prior.

Tracy Tennant and her son, Kody Scott, told police McElroy entered their residence on South Washington Street and immediately began to hit Tennant in the face with a gun about 3 a.m. Scott said when he attempted to intervene, he was also hit in the face with the weapon. Taken in the altercation was Tennant’s purse, which contained her identification and about $27.

District Judge David Balint dismissed two charges each of robbery with intent to inflict serious bodily injury and aggravated assault. Charges of burglary, criminal trespass, loitering, theft and two counts each of harassment, robbery, simple assault and reckless endangerment were held for court.

Waynesburg police Officer Adam Fichter admitted during his closing argument the case consisted of one confident witness and another “reluctantly confident” witness.

Both Tennant and Scott said they were on the couch when McElroy kicked the door in and began assaulting them. However, Fichter said the door did not have noticeable damage when he and Officer Billy Nichols first arrived on scene.

“The door should be taken off and condemned,” he said of the door’s condition in his prior interactions at this apartment.

Fichter added Tennant had cuts on her forehead and face, and Scott had blood in his mouth, photos of which were taken on scene. Both refused medical treatment for their injuries. Two other people reportedly home at the time of the incident did not provide statements to police.

Tennant repeated throughout her testimony that “everything happened so fast,” making it difficult to remember specifics from the incident.

“I was scared to yell my son’s name because I thought he was going to shoot me,” she said. “I couldn’t move, I couldn’t get him off of me.”

Police later searched a home at 112 Third St. in Waynesburg, where McElroy’s father lives, and arrested him early March 2. They recovered a black bag with drug paraphernalia and a black jacket. Police did not find a gun or Tennant’s handbag.

Tennant was sure of her assailant’s identity because of prior interactions with him, pointing at McElroy and becoming emotional.

“I’ve seen him. I know who he is,” Tennant said.

Her son was not as confident in court.

“You’re 100 percent sure it was him?” Furmanek asked Scott.

After a long pause, Scott explained he’s “heard (McElroy) has been going around robbing everyone.” Scott said though the assailant’s face had similarities, he remembered the person having a larger build.

“It happened so quick and when I saw my mom I was in total shock, especially when I saw her face,” Scott said. “I want to be clear that I’m not 100 percent sure.”

Furmanek also asked Tennant and Scott whether they had any reason to accuse McElroy of this crime, and both immediately replied no.

Audience members, including McElroy’s mother and girlfriend, were vocal during Wednesday’s hearing, whispering and commenting on the testimony. Balint at one point threatened to throw people out of the courtroom for their conversations.

Balint reduced McElroy’s $100,000 bail to an unsecured bond, with the conditions he provide an address to the probation department and wear a GPS monitor. Since his arrest, he had been held at Greene County jail until his release Thursday. Police stated in the criminal complaint McElroy has “no permanent residence and is transient.”

CUSTOMER LOGIN

If you have an account and are registered for online access, sign in with your email address and password below.

NEW CUSTOMERS/UNREGISTERED ACCOUNTS

Never been a subscriber and want to subscribe, click the Subscribe button below.

Starting at $3.75/week.

Subscribe Today