WILKES-BARRE — A city man charged with robbing a clerk at the R/C Movies 14 will face a jury of his peers at a September trial, a county judge said Monday.
Sean Patrick Flavin, 34, with a last known address of Regent Street, appeared before county Judge Fred Pierantoni Monday. Pierantoni scheduled a Sept. 16 trial date on charges of robbery, possession of a firearm, theft by unlawful taking, and simple assault.
Flavin’s attorney, Tom Cometa, said he will be filing a request to have Flavin released on nominal bail this week.
State law says a defendant who cannot make bail must be brought to trial within 180 days of arrest or be released on nominal bail, which can be as low as $1.
On Aug. 19, city police allege Flavin was armed with a handgun and threatened Colin Henry as Henry left the ticket office at the theater.
Flavin demanded the money bag and told Henry not to watch him leave as he ran out the lobby doors, according to the criminal complaint.
City police Detective Charles Jensen said in the criminal complaint that Lydia Naperkowski recognized the person in the picture as Flavin.
Naperkowski turned over a money bag she found under a child’s playpen in her house. Henry identified it as the money bag taken from him, the complaint alleges.
Police say in the complaint that Naperkowski had communicated with Flavin on her cell phone and Flavin sent several text messages to Naperkowski after the robbery.
Police secured a search warrant for Naperkowski’s cell phone records to determine what Flavin might have texted to her.
Flavin was captured after a several-hour standoff with police in Watertown, Conn., on Aug. 22.