WILKES-BARRE — The case of a Hazleton man scheduled to stand trial this week on charges he pistol-whipped one man and held others against their will in 2012 has been continued to November.
Reginald McCoy, 42, of Peace Street, is scheduled to stand trial on 10 related charges on Nov. 12, county Judge David Lupas said.
McCoy is represented by attorney Charles Ross. Assistant District Attorney Molly Hanlon Mirabito is prosecuting the case.
McCoy previously had been jailed at the Luzerne County Correctional Facility but was released in May on $25,000 unsecured bail that carries a number of conditions, including a curfew. He also is required to undergo counseling and have no contact with victims involved in the case.
According to the criminal complaint filed by Hazleton police, they were called on Nov. 25 to Monges Street for the report of a man who was assaulting people with a gun. Police were told one man, Gary Stemko, had been pistol-whipped and that several other people were being held against their will in a nearby house.
WILKES-BARRE — An attorney for the city of Wilkes-Barre and Mayor Tom Leighton filed court papers Wednesday seeking to have a developer’s $1.5 million lawsuit against them dismissed.
Attorney John Dean filed court papers Wednesday requesting that a lawsuit filed in May by South Main Plaza, L.P., be tossed out and a judgment be made in favor of the city and the mayor.
The suit seeks compensation for loss of income and other damages and alleges the developer has already spent $1.5 million in land purchase and other related costs.
According to the suit, in July 2001, South Main Plaza and the city entered into an agreement of sale. The developer bought a parcel of land adjacent to the plaza for $150,000. The vacant parcel was to be used for construction of a multi-unit shopping center, and the agreement called for the city to assist in obtaining “permanent, irrevocable and exclusive access” to and from South Pennsylvania Avenue to the vacant lot, according to the lawsuit.
“The city has repeatedly failed to make the best effort … let alone its required ‘best effort’ — to acquire access to Pennsylvania Boulevard,” the suit states. “As the city is aware, the lack of this access, as well as the city’s failure to fulfill its other obligations under the (agreement) has prevented South Main Plaza from beginning construction on the project.”
In Dean’s filing, he says there was no breach of contract and that the city made every effort possible to help the developer.
Dean filed a counterclaim alleging, among other counts, breach of contract and fraud.