CLEARFIELD – A Clearfield man accused of pulling attempting to pull a gun on a police officer was sentenced on Tuesday.
Thomas Kennedy was sentenced on the charge of DUI to 90 days to 1 year and four years consutive probation. He is to immediately refrain from the use or possession of alcoholic beverages, nor is he to enter any place that primarily sells alcoholic beverages. He is to surrender his operator’s permit. He is to submit to a drug and alcohol assessment, take anger management counseling, he is to have no contact with Nathan Curry or his immediate family, and is not to possess firearms or deadly weapons.
On the charge of simple assault, he was sentenced to two years of consecutive probation. On both charges, he was ordered to pay fines and costs.
The charges originated from a case in which the state police reported Curry, then a patrolman with the Clearfield Borough Police Department, was on patrol when he observed a burgundy Dodge Dakota truck traveling very slow on Mill Road. The vehicle turned into the Driving Park and stopped in the travel lane for a short time then pulled to the side of the roadway.
Curry initiated a traffic stop and approached the vehicle in an attempt to speak with the driver, 72-year-old Thomas A. Kennedy. Curry detected an odor of alcohol coming from the vehicle and observed an open container.
According to the report, an argument ensued and Kennedy drew a pistol out from under his seat and reportedly failed to comply with Curry’s commands. Curry tazed Kennedy, delivering two separate shocks while demanding Kennedy to drop his weapon. Kennedy dropped the weapon and Curry was able to subdue him.
A preliminary hearing was held, and all charges were bound over.
On Tuesday, Kennedy’s attorney, Chris Pentz, argued that his client faced a number of medical issues, including clinical depression, a detached retina and incontinence to the point of wearing adult diapers. He also mentioned that his client was called upon by his country, but due to health reasons, was unable to answer the call. He insinuated there should be some payback for the attempt to answer that call.
It was indicated earlier that the Kennedy had signed a plea agreement. The Honorable Judge Paul E.Cherry would not accept the agreement, which called for a a plea to disorderly conduct. Instead, the court would be willing to accept a plea to simple assault and 90 days incarceration.
Cherry stated he was not real happy with a statement Kennedy made about the Clearfield County legal system, calling it corrupt.
“It’s not appreciated by the court,” said Cherry.
Curry, now a sheriff’s deputy, said he had not problem with home confinement.
“He needs to stop,” said Curry. As Curry spoke, Kennedy’s face became noticably more red.
Cherry noted before the sentence was handed down that any prior time Kennedy served in regard to the case would not count toward his sentence.
