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HOLLIDAYSBURG -- A Hollidaysburg man accused in October 2022 of threatening a magisterial district judge and family has pleaded guilty to a felony charge of aggravated assault instead of opting for a second jury trial.
Nicholas McCune, 37, whose February trial concluded with a mistrial declaration, pleaded guilty Tuesday before Blair County Judge Jackie Bernard, who will identify a sentencing date.
In exchange for the plea, felony charges of retaliation against a judicial official and terroristic threats, in addition to misdemeanor charges of simple assault and disorderly conduct, were dismissed.
Assistant District Attorney Nicholas May told Bernard that he expects to ask for a state sentence on the aggravated assault offense.
Assistant Public Defender Mason Rogers said later that he intends to seek a sentence at the bottom of the standard range of the state's sentencing guidelines. The standard range is nine to 16 months for aggravated assault.
Both attorneys are to prepare sentencing memorandums for Bernard's review.
During the February trial, McCune testified on his own behalf and admitted to becoming angry on Oct. 28, 2022, in the reception area of Magisterial District Judge Andrew Blattenberger's court located inside the Altoona-Blair County Airport.
McCune explained that he went to the district court after learning about an unpaid parking ticket. He said he became angry because he thought he was going to be arrested for lack of enough money to cover the ticket's cost.
Chief Public Defender Russ Mongtomery tried to convince the jury that the case was one of a man walking into an office and getting angry. He maintained that McCune had no intent of harming anyone.
During the jury trial, Blattenberger's office staff said they became fearful as the angry McCune started using profanity and demanded to see Blattenberger.
Upon learning that Blattenberger wasn't in the office, the staff members said McCune started saying he was going "to pop" the judge and his family members, prompting them to summon police and Blattenberger, who returned to the office and talked with McCune who was charged by state police at Hollidaysburg.
McCune told the jury that what happened was a big misunderstanding that developed from his "stupid ghetto slang."
The jury that heard the case in February had its verdicts tossed after one of the jurors made a late disclosure about searching online for information about McCune during the jury selection process.
The revelation prompted Bernard to declare the mistrial after explaining that all members of a jury are to start deliberations with all the same information about the case.
Until Tuesday, the case was scheduled to be considered for jury selection on April 29.
Mirror Staff Writer Kay Stephens is at 814-946-7456.