CLEARFIELD – A Clearfield man accused of disarming a police office during a scuffle had a hearing on Wednesday.
Matthew Kunkle was charged with six counts of aggravated assault, two counts of disarming a law enforcement officer, two counts of terroristic threats, resisting arrest, four counts of simple assault, two counts of recklessly endangering another person, two counts of simple assault and three counts of disorderly conduct.
Officer Timothy O’Leary testified that on Sept. 26 he and Officer Matthew Mallon were on patrol when they were dispatched to an East Locust Street address for a domestic. He that en route they were notified that the domestic had turned physical.
O’Leary said that when they arrived he could hear yelling and screams for help coming from the second floor of the home. He said as they approached the home he could see a female attempting to exit a second story window. He also testified that she was pulled back into the residence by someone who would later be identified as the defendant, Kunkle.
O’Leary said he could still hear yelling as they entered the home. He said that he drew his duty weapon due to the uncertainty of whether there were weapons involved. He said that he went up the steps and entered a bedroom where he observed two men, Kunkle and co-defendant Mark Hackett, as well as one woman. He said that Kunkle appeared to have his hands around her neck/shoulder area.
He said that all three were ordered to the floor. O’Leary said that no one followed the order and that Hackett got in his face. He said he pushed Hackett off of him and ordered them to the ground again. O’Leary said at this point Kunkle ran at him. He said he ordered Kunkle to the floor and that Kunkle refused.
O’Leary said that he put his left hand on Kunkle and swept his leg. He said that Kunkle tried to get up and grabbed his left leg. He testified that Mallon entered the apartment the apartment at this point.
O’Leary said that he attempted to get Kunkle on the ground and reholstered his weapon in his double-retention holster. He said he attempted to turn Kunkle over onto his stomach so Kunkle could be handcuffed.
“I had to use all my strength,” said O’Leary.
He said that he was holding him down with his right and reached back with his left to retrieve his pepper spray. O’Leary said that Kunkle then reached up and unholstered his duty weapon.
“The fight was on,” said O’Leary.
He said that Kunkle told him he was going to kill him. He then said that Kunkle said he was going to kill himself and attempted to put the gun in his mouth. He said that Mallon was on his left side attempting to help him with Kunkle.
O’Leary said that he pinned the gun to the ground and that he was trying to work the action to jam the gun. He said that around this time Mallon sprayed Kunkle with his pepper spray. O’Leary said that pretty much took the fight out of Kunkle.
The officer said that Kunkle was taken to the police station and a mental health warrant was filed. He said Kunkle was eventually taken to DuBois on that warrant.
Under cross-examination O’Leary said the incident seemed like it went on forever. He also testified that he did not believe the thumb break on his holster was latched when he initially holstered his weapon earlier in the encounter. He also testified that Kunkle attempted place his mouth over the gun as his hand was being held to the ground.
Mallon also testified that when he arrived on scene he heard a female screaming. He said that he could see the woman hanging out of the second story window.
“It looked like she was attempting to escape,” said Mallon.
He said he followed O’Leary in into the residence and that O’Leary made the initial contact. Mallon said that he dealt with two big dogs at the bottom of the steps.
Mallon said that when he entered the room O’Leary had Kunkle on his knees. He said that he grabbed Kunkle by the right side and that they got him down to his chest. Mallon said that Kunkle continued to fight and struggle. Mallon said that they eventually got Kunkle on his left side and that he grabbed his right arm. Mallon said he was getting ready to put the cuffs on Kunkle.
“I nearly got it on,” said Mallon.
He testified that Kunkle reached up with his left hand and drew O’Leary’s gun. Mallon said that he did not see Kunkle do it, but that he let go of Kunkle when O’Leary announced that Kunkle had his gun.
Mallon said he grabbed the pistol. He also testified that Kunkle said he wanted to kill himself. He said that Kunkle tried to stick the barrel of the gun in his mouth.
Mallon said that he gave him a three second burst of pepper spray in the eyes. He said that Kunkle was then cuffed.
The woman who was hanging out of the window then took the stand. She testified that there was a disagreement between herself and Kunkle. She said that she was going to go to her mom’s but that Kunkle did not want her to go.
At one point she said that Kunkle was holding her back. She pushed him and then decided to go out the window. She said that she could go down the banister. She indicated that the argument got heated and that Kunkle was trying to pull her back in. She said that she got two bruises during the window incident. She also testified that she, Kunkle and Hackett had been drinking. She testified to drinking two beers.
Under cross-examination she testified that Kunkle was not trying to harm her.
“Me and Matt have been friends for a long time,” she said. “He knew I was drinking. He was looking out for me.”
Under recross she said that she did not call out for help.
Under redirect she was asked if she was surprised that someone came to her rescue after seeing her hanging out of a window.
“Yes, I am surprised,” she said. She indicated that she would not help someone if it was none of her business.
That woman’s sister, who owns the house the incident took place in then took the stand. She said that everyone was arguing and that it got out of hand. She said her sister was trying to go out the window and that everyone was trying to keep her from going out that way. She testified under cross-examination that her sister, had been trying to get her (her sister’s) kids back, that she had been a seeing a counselor.
After closing arguments Magisterial District Judge Michael Rudella dropped one charge of unlawful restraint. Rudella said that if it had been a case of “no harm, no foul”, Kunkle should have just told police what happened. He also questioned the girl’s testimony, noting that she said she was trying to get out while her sister said she they were trying to help her and that her sister was being counseled.