State will prosecute city officer
Altoona Patrolman accused of having sex with teen girlBy Mark Leberfinger, mleberfinger@altoonamirror.com
POSTED: August 7, 2008
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» View chargesThe state Attorney General's Office will prosecute an Altoona police officer for having sex with a teenage girl, a spokesman said Wednesday.
Herrick "Rick" Joseph Johnson, 49, of 921 25th Ave. was arrested Tuesday on two state charges of endangering the welfare of a child, a third-degree felony, and corruption of minors, a first-degree misdemeanor.
If convicted, the maximum penalty is 12 years in prison and a $25,000 fine.
"To avoid a conflict of interest, the Blair County district attorney referred it to us," AG spokesman Kevin Harley said.
Deputy Assistant District Attorney Jackie Bernard called in the referral Wednesday.
"There is a formalized process with the district attorney sending us a letter and we respond to it, but we are accepting it, based on the facts we were given," Harley said.
A state prosecutor has yet to be assigned to the case, he said.
Johnson, a 22-year veteran of the Altoona force, is on unpaid administrative leave as a result of the arrest, Altoona police said.
He is free on $20,000 unsecured bail.
During their investigation, state police notified federal authorities about a reported sexual encounter between Johnson and a 16-year-old Indiana girl while staying in Ohio, a state police spokesman said.
The first sexual encounter occurred July 28 in a hotel near Elyria, Ohio, arrest papers state.
Troop G spokesman Trooper David McGarvey said the FBI was notified about the case because Johnson crossed state lines to bring the girl to Altoona but decided not to get involved because of the girl's age and the consensual nature of the sex.
A preliminary hearing is scheduled for Aug. 20. Magisterial District Judge Joseph L. Moran said he may have to recuse himself from the case, depending upon whether or not the hearing is waived.
Member Comments
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Guru99
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09-13-08 9:16 AM
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Hey Chux. You peak our interest. What are all of these "special" positions PSP has that you speak of? Enlighten us....
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jlaw65
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08-12-08 5:56 PM
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And it is apparent that you too are a retired State Trooper and i whole heartedly agree with your assessment of this new schedule and its creator. And isn't it sad another police officer in trouble. Will it never end? It keeps getting harder and harder to proud of a profession that keeps sinking lower and lower........
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Chuxspringer
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08-12-08 9:03 AM
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SEE PAGE ONE for another cop in trouble.
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Chuxspringer
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08-12-08 8:54 AM
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JDLAW: It's apparent you have an in or are a Trooper. That 'new' schedule program is a joke as was the niche corporal that devised it. I would like sometime to have a face to face. easier to explain my thought process. Your call. sitename @ yahoo****
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jlaw65
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08-11-08 6:32 PM
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I agree and disagree with you. Still we are making progress you and I.LOL. The PSP is most definately understaffed/undermanned. I agree with the specialty position. The PSP has way too many. You are right they need to get them out of some of those position and back out on the road, but they won't. And even if you got rid of all the unnecessary specialty positions the PSP would still be undermanned for the work that is put upon the shoulders of the road Trooper to handle. And i would also take exception to the statement about the new scheduleing process making it so Troopers have the weekends off. In fact it is the opposite. Now Troopers will get maybe every third weekend off. Doesn't sound like every one to me. But anyway we are agreeing more and more here. Miracles never cease.LOL.
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Chuxspringer
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08-11-08 6:23 PM
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I was alwqays a big proponent of O.W.Wilson. Wilson's ideas of police professionalism, presented in Police Administration, were widely implemented in police agencies across the United States. These ideas remained popular until the advent of community policing. Wilson believed that preventive patrol and rapid response to calls would be effective, creating a sense of police omnipresence among criminals. NOTE: Community Policing AND Specialization has become the downfall of police response.
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Chuxspringer
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08-11-08 6:09 PM
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The PSP is NOT undermanned. They have TOO many specialists not performing any police services. Many of these positions would be best served using technicians and civilian employees. It would put police out where they are needed. Do you know how many troopers are working 8-4 Mon-Fri. The current scheduling theme is to make sure most of them are off on weekends.
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jlaw65
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08-11-08 5:30 PM
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Ah another point or points of agreement for you and I chuxspringer. I am in total agreement with you the AGs office is sort of no is a primadonna organization. They do like to pick and choose their cases, which frustrate that crap out of me. And as for these county task forces you have that right too. if they would take pride in their everyday work within their own jurisdictions there would be no need for these task forces and the overtime they receive from the Fed. gov. to pay for it. That is what the PSP is for, but I will say the PSP is seriously undermanned. You know in some countys there are as little as 2 patrols for the entire county? Not two cars with 2 guys, only 2 cars with 1 Trooper in each. This is tragedy in police services which the average citizen doesn't trealize.
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Chuxspringer
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08-11-08 5:12 PM
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That is much like the so called county task forces. If those individuals worked hard at police work in their own jurisdictions there would be no need to pay them out of federal grants and give them county wide jurisdiction. Isn't that what the PSP exists for?
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Chuxspringer
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08-11-08 5:10 PM
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Thanks for the other nice comment but, really I have had interaction for over 29 years in the eight surrounding counties and I can tell you that the AG is a frustrated police agency. They like the FBI pick and choose what they think are high profile cases that will bring them face up in the news. I understand your point about the DA asking for the AG to prosecute but if the AG didn't exist what would he do?
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my2kids
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08-11-08 11:34 AM
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jlaw is correct as he almost always is in this forum - he had a duty to protect her and guide her and FAILED to do so. Policegirl, he tried to "push her out of it?" Are you serious? He was with her AT LEAST 3 TIMES - that doesn't sound like a regrettable one-night stand to me. Situations like this are all about self-control and self-disclipline, both of which a police officer should have, neither of which he cared to show a 16-year old girl.
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jlaw65
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08-11-08 10:52 AM
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Man and after I just posted in another forum agreeing with you. Well good things do come to an end. hey chuxy for your info buddy I am currently in law enforcement and have been so for over 20years. And unlike yourself with your retired years from being a dog officer or parking meter lady I actually do police work. Oh my imagine that. It would probably serve you well though to go to school for some ciminology. I never had it but maybe it would further enhance your lack of knowledge of the judicial system. Never mind don't waste your time or money. Stay just as you are because I love reading your posts they are enjoyble reading, for fiction that is.
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Chuxspringer
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08-11-08 10:46 AM
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Jlaw being a first year criminology or law student apparently leaves a lot to be desired. You need to quit listening to those nitwit law professors and enter the REAL world.
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jlaw65
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08-11-08 10:25 AM
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Policegirl wrong is wrong. He had a duty to protect her, guide her be an example to her not to have sex with her. he violated all that and the trust. He needed to be the mentor he was trying to be. And he failed. I agree it doesn't make all that he had done good in the past disappear, but he must be held accountable for his mistakes. If he isnt held accountable for this girl at age 16, what about the next person who does this with a 15 year ld/ Or 14? Where does it stop. He knew she was only 16 and not 18. Thats the difference. It is sad and unfortunate, but it is also life and life has its consequences when wrongs are committed.
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policegirl
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08-11-08 10:16 AM
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jlaw i personally dont believe its being handeled properly at all. yes should altoona have transfered so the speak, the case, yes of course because of the possible bias reasons, but looking from those charges, espically the corruption of a minor (or whatever it was) its all nonsense, the endangering the walfare of a child, he never hurt her nor would EVER allow anyone to hurt her. he was a great police officer that DID protect people, and rarely screwed up, with anything, he was a great man to her and everyone else, FYI- Police make mistakes too. and thats something that people seem to not understand.
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policegirl
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08-11-08 10:11 AM
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politicalzealotry- im not im speaking on behalf of the girl involved. and putting my thoughts into it as well
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jlaw65
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08-11-08 10:04 AM
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Oh and the PSP and the AGs office competing?? See its comments like that that show that IF you were in law enforcement it had to either dog officer, parking meter enforcement, or something in those lines becuase you are speaking out of ignorance. Now before people starting yapping that I called you ignorant I did not. I said your knowledge of this area is basically ignorant. In other words you know not what you speak of. They make medication for your paranoia. Just another nutty conspiracy theorist I guess. It will be ok chuxy. Even though you dont believe it the right thing is being done and it is being handled 100% correctly as it should be.
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jlaw65
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08-11-08 9:59 AM
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Well voiceofreason if chuxspringer is retired law enforcement he had to be a dog officer or something at least a position in which he did VERY LITTLE plice work that would have exposed him to our judical system and its workings becuase he obviously has no clue and by his posts seems to be "out of it" if ya know what I mean. The PSP does NOT chuxy pass off anything to the AGs Office. What part of that don't you realize. I would hate to start class again after you were doing a little better. 99% of the time the PSP will investigate the cases the AGs office prosecutes. There are few and far between cases that the AGs office actually investigates and those case they do are usually some kind of white collar crimes. Yes the AGs office has investigators, but they as i have said MOSTLY almost entirely white collar cases. Do I need to explain what white coolar is chux??? You know fo supposedly being retired law enforcement you lack alot of police knowledge.
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politicalzealotry
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08-10-08 3:59 PM
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policegirl, why are you speaking in third person?
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policegirl
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08-10-08 11:29 AM
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Chuxspringer i have no idea why that charge came about, neither does she, honestly it doesnt make any sense whatsoever because he never corrupted her. if anything he honestly tried to push her out of it. personally that trooper that is handeling the case is getting on my nerves, and i can tell ya its getting on hers too. hes going to slam any and everything on him just cuz he can and thats not right, he does have a family he now has to take care of and they all lost something major out of this, personally this all needs to be dropped and let go cuz its stupid now. thats my opinion anyways
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policegirl
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08-10-08 11:26 AM
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Oh my goodness, ABC no he is NOT! he has treated her with the utmost respect and has NEVER hurt her. Right now if anything, the courts are hurting her. Trust me I know what I am talking about due to the fact I am very good friends with her as well and communicate with her daily. There are people out there that RAPE 16 year old girls, and NO ONE gives them this much crap this was consentual and she has no regrets whatsoever so back off him already
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ABC123
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08-10-08 12:02 AM
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Rick IS "scum of the earth"
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venting
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08-09-08 4:27 PM
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Police girl: I am with you. People need to stop talking about Rick as if he's the scum of the earth. Rick made a mistake. He's going to and already has paid for his mistake. I have no doubt in my mind that this was a single incident and there is no way that Rick is pedopile. Rick deserves to be forgiven and treated as a human being. People tend to go crazy when sex is involved; however this is no worse than the 49 year old drug dealers giving our kids drugs, which happens all the time. A crime is a crime is a crime. Give Rick a rest.
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Chuxspringer
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08-09-08 11:59 AM
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I'm sure Tommy Boy would be able to convince at least ONE juror based on these crime sections. § 6301. Corruption of minors - (a) Offense defined.-- 1. Whoever, being of the age of 18 years and upwards, BY ANY ACT CORRUPTS OR TENDS TO CORRUPT the morals of any minor less than 18 years of age. § 3104. Evidence of victim's sexual conduct. (a) General rule.--Evidence of specific instances of the alleged victim's past sexual conduct, opinion evidence of the alleged victim's past sexual conduct, and reputation evidence of the alleged victim's past sexual conduct shall not be admissible in prosecutions under this chapter EXCEPT EVIDENCE of the alleged victim's past sexual conduct with the defendant WHERE CONSENT of the alleged victim IS AT ISSUE and such evidence is otherwise admissible pursuant to the rules of evidence.
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Chuxspringer
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08-09-08 11:52 AM
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policegirl; You know you're right. They can't even charge him with a sex crime because of her age. The corruption on minors charge; I would argue that she was already corrupt because of her knowledge. I think 'little tom & a jury trial are his bet bet. Most people are upset because of the ages and victorian principles.
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