By Ed Lewis [email protected]

Cirko

Cirko

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WILKES-BARRE — Luzerne County prosecutors can proceed with the highest charge of bomb threats against Margaret Cirko, accused of spitting and coughing on food items for sale inside Gerrity’s Supermarket in Hanover Township.

President Judge Michael T. Vough, in a two-page order filed late Wednesday, denied a request by Cirko’s attorney, Thomas S. Cometa, to dismiss the second degree felony charge.

Vough ruled District Attorney Sam Sanguedolce and Assistant District Attorney Drew McLaughlin — at the preliminary hearing held June 25, 2020 — established probability that Cirko committed a threat to use weapons of mass destruction, which is an underlying premise of the bomb threat statute.

Whether Sanguedolce and McLaughlin can be successful in proving Cirko’s guilt beyond a reasonable doubt, “remains to be seen,” Vough opined.

Cometa said Thursday he respects Vough’s ruling. He doesn’t plan to appeal the ruling with the state Superior Court.

Cirko’s trial is tentatively scheduled to begin June 22.

Cometa requested to have the bomb threat charge — graded as a second-degree felony — dismissed, arguing the statute requires a mechanical device and does not include bodily fluids.

Police allege Cirko entered Gerrity’s pushing a shopping cart and spat and coughed on food items while yelling, “I have the virus, you’re all going to get sick,” on March 25, 2020.

About three weeks earlier, Gov. Tom Wolf had declared a state of emergency due to the coronavirus pandemic.

In court records, McLaughlin said Cirko was “smiling” as she spat and coughed inside the store.

Joe Fasula, co-owner of Gerrity’s, said an estimated $35,000 worth of food had to be discarded.

Cirko is also facing third-degree felony charges of terroristic threats and criminal mischief, and second-degree misdemeanor charges of criminal attempt to commit retail theft and disorderly conduct.

Police allege Cirko attempted to steal beer from the store when she fled.

After the alleged incident, Cirko tested negative for COVID-19.