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WILKES-BARRE — An attorney representing a Wilkes-Barre woman on allegations she pulled a handgun on a juvenile following a fight involving her son successfully defended one potential charge.
Luzerne County Judge David W. Lupas denied a request by Assistant District Attorney Carl Frank to add the charge false imprisonment against Amanda Saxton, 34, of Woodside Drive, following a motions hearing Monday.
Frank argued he wanted to add the false imprisonment charge acknowledging the charge should had been filed when Saxton was arrested in April 2022.
Wilkes-Barre police alleged Saxton pulled a handgun on a boy following a fight with her son at Parsons Park at Scott and Carolina streets on April 17, 2022. Saxton allegedly forced the boy into her Jeep Cherokee and drove off only to return to the park.
Saxton’s attorney, Theron J. Solomon, strongly objected to the false imprisonment charge being added a day before Saxton’s trial is scheduled to begin.
Solomon said there is a neutral witness who will testify that Saxton never raised the firearm and kept it at her side.
Saxton’s attorney further said there remains a dispute about the location of the Taurus 9mm handgun reportedly found by police in “plain view” inside Saxton’s vehicle.
Solomon said an officer’s body camera recorded the firearm being removed from under the driver’s seat and was not in plain view.
Saxton faces trial on three counts each of simple assault and reckless endangerment and a single count of unlawful restraint.
Solomon believes the neutral witness who did not see Saxton raise the firearm will benefit his client as the unlawful restraint charge against Saxton involves “risk of bodily injury.” Since Saxton allegedly kept the firearm at her side, Solomon said there is no risk of bodily injury per the unlawful restraint charge.
Solomon objected to the false imprisonment charge being added against Saxton because the language in that charge involves interference of the boy’s “liberty.”
Lupas agreed giving the opinion it would be prejudicial against Saxton if the false imprisonment charge was added on the day before her trial.