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WILKES-BARRE — Having already pled guilty to disorderly conduct for a motorcycle pursuit in Duryea Borough, a Centre County man is seeking to have charges of fleeing police filed by Plains Township police and Luzerne County detectives dismissed under double jeopardy.
Jonathan Cardona, 33, of Bellefonte, pled guilty to a non-criminal disorderly conduct citation filed by Duryea police involving a pursuit of motorcyclists on May 26, 2023.
As Duryea police officer Christopher Taylor terminated the pursuit, police in Plains Township and Luzerne County Detective Sergeant Charles Balogh encountered the same group of motorcyclists about two hours later driving recklessly on state Route 315 in Plains Township, according to court records.
Cardona, one of the alleged motorcyclists in the group, lost control of his bike and was apprehended after a struggle when he attempted to disarm a state police trooper of a Taser, Balogh testified during a motion’s hearing before Luzerne County Judge Joseph F. Sklarosky Jr. on Thursday.
Plains Township police and county detectives filed their own set of charges against Cardona, including fleeing or attempting to elude police, criminal attempt to disarm a law enforcement officer, resisting arrest, possession of marijuana and eight traffic violations.
Cardona’s attorney, Curt M. Parkins, of Comerford Law in Scranton, is seeking to dismiss the charges filed by Plains Township police and county detectives citing double jeopardy as his client pled guilty to the pursuit in Duryea. Parkins argued the pursuit was a single, continuous occurrence that fell under the same judicial district within Luzerne County.
During Thursday’s motions hearing, Duryea patrolman Taylor testified he encountered a group operating unregistered motorcycles on Main Street at about 7:15 p.m. May 26, 2023, and pursued them until they crossed into Pittston City. During the brief pursuit in Duryea, Taylor said the motorcyclists were making inappropriate hand gestures directed at him.
About two hours later, Balogh testified he encountered a group of motorcyclists driving recklessly and in the oncoming lane of state Route 315 in Plains Township. As Balogh pursued the motorcyclists, one of them lost control, crashed and attempted to run away on foot.
Balogh and state police Lieutenant Robert Lombardo chased after the man, identified as Cardona, who initiated a struggle and attempted to grab Lombardo’s Taser, Balogh testified, noting it took four officers to subdue a combative Cardona.
Balogh said he had no knowledge of the earlier pursuit in Duryea.
Taylor said he responded to the incident in Plains as the police radio dispatch reported a “fight in progress, police in need of assistance.” Taylor said he recognized Cardona after he was apprehended in Plains as one of the motorcyclists he pursued hours earlier.
Sklarosky allowed Parkins and Assistant District Attorney John C. Aciukewicz to file legal briefs before making a ruling.