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WILKES-BARRE — Luzerne County prosecutors are challenging a judge’s ruling that declared Paul Woychio incompetent to face numerous drug, theft and trespassing related charges.
But with the appeal filed with the state Superior Court on Tuesday, Judge Joseph Sklarosky Jr. said Wednesday he was unable to decide a request to revoke Woychio’s bail.
Sklarosky on Feb. 17 declared Woychio, 43, of Dupont, incompetent to face open criminal cases in county court. Woychio was released from the county correctional facility that day when Sklarosky modified his bail to $2,000 unsecured.
Assistant District Attorney Mamie Phillips sought to have Woychio’s bail on the drug, theft and trespassing cases revoked due to his arrest by Wilkes-Barre police on March 19 when he allegedly held a knife to his girlfriend, Ann Dale, and demanded money.
Woychio was charged by city police with robbery, theft, receiving stolen property and disorderly conduct. He remains jailed on the robbery charges for lack of $5,000 bail.
Police allege Woychio was arguing with Dale over a failed drug purchase in the first block of South Main Street.
Phillips told Sklarosky that Woychio’s preliminary hearing on the robbery case is scheduled for April 7, but police are having a difficult time contacting Dale. If Dale is not found to testify at the preliminary hearing, there is a good chance the robbery charges may be dismissed against Woychio, permitting his release from the correctional facility.
Woychio has been arrested more than two dozen times over the last decade on a variety of offenses, including possessing illegal drugs and paraphernalia, disorderly conduct and trespassing, according to court documents.
Each time, Woychio was declared incompetent to face charges in court.
Phillips sought to keep Woychio imprisoned.
“There is no individual or individuals that can prevent (Woychio) from running amok in the streets of Luzerne County, as he has consistently failed to follow bail conditions in the past,” she said.
Woychio’s attorney, Thomas Cometa, said the appeal filed by prosecutors in state Superior Court on Tuesday relinquishes Sklarosky from ruling on revoking Woychio’s bail.
“Our position is in a nutshell,” Cometa said. “I don’t think this court has jurisdiction due to the appeal.”
“I acknowledge these cases are rather unusual,” Sklarosky said. “Case law is clear when dealing with these (mental health) matters.”
Sklarosky said he will revisit the request by prosecutors on April 28.