Former DA’s criminal complaint gets tossed
Higgins failed to notify the district attorney of his plan after altercation
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From Mirror staff reports
A Bedford County judge has dismissed a private criminal complaint filed by former District Attorney William Higgins Jr. against a Manns Choice man after an incident April 1 at the turnpike interchange Sheetz.
President Judge Travis W. Livengood said Higgins failed to notify District Attorney Dwight Diehl of his intent to file the complaint and did not receive approval to make the filing.
Instead, Livengood said Higgins "simply marked on the Private Criminal Complaint that prior approval by an attorney for the commonwealth was 'Not Required.'"
In an opinion filed at 3:40 p.m. Wednesday, Livengood stated, "We have been notified by the District Attorney of Bedford County that, in his discretion, summary private criminal complaints such as the one filed by (Higgins) require review and approval from an attorney for the commonwealth prior to submission to the issuing authority."
The complaint must be approved by the district attorney before it can be submitted to the magisterial district judge, the opinion states.
"Inasmuch as (Higgins) failed to do so, he has failed to comply" with the state criminal code and the complaint must be dismissed.
Higgins filed the complaint April 21 against Charles Keith Horsh, 32, after Horsh confronted Higgins and his teenage daughter at the Sheetz, claiming Higgins put him away for 10 years for a crime he didn't commit.
During the April 1 encounter, Horsh yelled at Higgins, threatened him and caused a disturbance.
Horsh allegedly goaded Higgins to go outside by screaming "Have a good night, Billy," from the door on his way out. Higgins and Horsh exchanged words outside the store and Higgins allegedly chest bumped Horsh, court documents state.
On April 11, state police filed one summary charge of harassment/physical contact against Higgins, but no charges were filed against Horsh.
Higgins then filed the private criminal complaint against Horsh.
Livengood ordered the complaint dismissed and said any attempt to refile the complaint is to comply with the state criminal code.
According to published reports, Horsh was arrested in June 2011 by Bedford Borough police on arson and burglary-related charges in connection with the June 8, 2011, fire at a Bedford Borough church. On Dec. 13, 2011, a day before a jury was to be selected, court records show Horsh pleaded no contest to arson, burglary, institutional vandalism and intentional desecration of a public monument. Horsh agreed to a 10- to 20-year sentence.
An appeal filed by Horsh with the state Superior Court was deemed "wholly frivolous."