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HOLLIDAYSBURG -- A Blair County judge set bail Friday in the case against the Philadelphia man accused of trying to kidnap a city teenager alongside two others in September.
Shawn Lamar Sellers, 53, had his bail denied by Magisterial District Judge Kevin Stoltz following his arrest and preliminary arraignment on Sept. 10. He is facing a felony count of interference with the custody of children and single misdemeanor counts of stalking, making terroristic threats, indecent exposure, possession of drug paraphernalia and DUI. Online court documents list Stoltz's reasons for the denial as "safety risk to the community" and "flight risk."
Sellers appeared before Senior Judge Jolene Grubb Kopriva for a bail hearing alongside assistant public defender Roland Leach, who argued that Sellers would likely be able to exonerate himself if the case went to trial. He told Kopriva that Sellers had followed an individual in a public space and called out to her, but never touched her.
While Sellers "does have some criminal history," he "shows significant reform," Leach told Kopriva.
Leach asked for Sellers' bail to be low and percentage-based or "ideally unsecured" as Sellers resides in Philadelphia. He said Sellers had worked at Walmart before his arrest but had "no significant assets to post bail."
"He has every intention to be here for his hearings," Leach said.
He added that Sellers was not a flight risk as he had no history of bench warrants, flight, escape or giving false identification.
When allowed to speak on his own behalf, Sellers said he came to the area to visit a friend who had previously lived in Philadelphia. He told Kopriva he was only trying to get directions from the victim "but everything just went bad."
"I don't do drugs at all, no liquor, no marijuana, nothing," Sellers said.
Under questioning by assistant district attorney Nicholas Mays, Sellers said Sept. 9 was the only day he was in Altoona and was intending to stay for two days because he had to return to Philadelphia for a court hearing. He confirmed that, besides his friend, there was nothing else tying him to Blair County.
"I think, at this point, it's appropriate for bail not to be set," Mays said, calling Leach's description of Sellers' criminal history a "great understatement." He told Kopriva that Sellers' record in Pennsylvania alone amounted to a "staggering 37 pages."
That record, Mays said, included felony convictions dating back to 1991, with charges for felony rape and possession with intent to deliver.
Mays also contradicted Leach, saying Sellers was previously charged with flight and had been convicted of providing a false ID to law enforcement in 2007.
"I believe the defendant would be a flight risk," Mays said.
He further argued that Sellers would be facing a state prison sentence if convicted and said the victim's father was in the courtroom and "would obviously object" to any bail modification.
When Kopriva asked Mays if the DA's Office had extended a plea offer to Sellers in the case, Mays said no. Mays told Kopriva he was unwilling to make an offer when the victim already testified and was "retraumatized" at Sellers' preliminary hearing.
Kopriva ultimately ruled that it was appropriate to set "some bail" for Sellers, but not at his own recognizance. In speaking directly to Sellers, she said his reasons for visiting the area were "incredibly vague."
"You don't drink, you don't smoke, and yet you were charged with DUI," Kopriva said. "I'm not sure of your credibility."
She also noted that the affidavit of probable cause indicated witnesses reporting Sellers as having walked past several adults before approaching the victim.
"You could have asked them for directions, but you did not," Kopriva said.
Kopriva then set Sellers' bail at $40,000 straight, and advised Sellers that "maybe a more effective avenue for you is to talk about having a trial as soon as possible after your attorney is able to review the discovery, or try to get an offer from the Commonwealth."
Following her order, Mays asked that a Nebbia hearing be held if Sellers posted bail in order to determine the legitimacy of the money as he had previously been convicted of drug dealing. A Nebbia hearing is held to determine if money or assets used to post bail come from legal sources.
Sellers was charged alongside Altoona resident Harley James Paynter, 31, after he allegedly approached a teenage girl walking to school and tried to get her attention. The victim immediately contacted her father, who went to the area, got the victim to safety and chased down Sellers.
Sellers had retreated to a vehicle containing two other males, later identified as Paynter and Roderick Williams. Paynter confronted the father, who stopped him by punching Paynter and knocking him to the ground.
Officers located the vehicle near Fourth Street and Howard Avenue with two males matching descriptions given by callers and the victim. Williams was found to have a warrant and taken to the Blair County Prison. The case against Williams has not been filed at the Magistrate’s Office as of Friday evening.
Paynter faces single felony counts of aggravated assault and ethnic intimidation, two misdemeanor counts of simple assault, a misdemeanor count of making terroristic threats and a summary count of harassment. He remains in custody at the Blair County Prison in lieu of $250,000 bail. His next court appearance is scheduled for Nov. 13.
Mirror Staff Writer Rachel Foor-Musselman is at 814-946-7458.