CLEARFIELD – A Philipsburg man accused of breaking into a couple’s apartment and touching their child, while they were sleeping had all charges bound over to court by Magisterial District Judge Jerome Nevling during Centralized Court on Wednesday at the Clearfield County Jail.
Raymond Cusick, 31, of Philipsburg has been charged with two counts of criminal trespass, public drunkenness and criminal mischief. His bail remains set at $25,000 straight.
During the hearing, the victim testified she knew Cusick, as the man who walked his dog at the Hillcrest Commons. At 2:45 a.m. July 4, she was sleeping with her husband and their child on the first floor of their apartment. She felt someone brush against her arm and was awoken to find Cusick standing over the head of the mattress.
According to the victim, Cusick was touching her child. At first she thought the defendant was her husband until she heard him snore. She explained that Cusick and her husband were about the same height and had similar hairstyles.
She confronted Cusick, asking “What the f— are you doing in my house?” At that point, she said Cusick fled out the screen door, which he’d also used to enter the apartment. She knew where Cusick lived and watched him enter his apartment.
The victim woke her husband and told him someone had been in their apartment. Under cross-examination, she explained to defense attorney Chris Pentz that prior to this she didn’t know Cusick by name but only as the man who walked a dog in the area.
She described Cusick as wearing a red shirt with a black emblem near the left shoulder. He was also wearing black shorts at the time of the incident. She observed Cusick in the area again after he’d fled and yelled to ask why he’d been in her apartment. Cusick then darted out of sight, and she contacted state police.
During her testimony, the victim presented four pictures of her screen door, which had been damaged during the incident. She said it was torn about two inches below its handle. The victim said she hadn’t given Cusick any prior permission to enter her apartment and had locked the screen door prior to going to bed that night.
According to the affidavit of probable cause filed by Trooper Chad D. Ryen of the Clearfield-based state police, Cusick was located at his apartment, which is several away from that of the victim. Cusick was highly intoxicated, the affidavit states.
In closing Pentz requested that Nevling put Cusick on supervised bail. He argued that Cusick has lived in Philipsburg for three years and has family members here. Pentz said although Cusick had a prior record, there haven’t been any bench warrants or issues with him failing to appear.
Assistant District Attorney Warren B. Mikesell II opposed any changes in Cusick’s bail. He said these charges were “serious,” as the defendant had physically torn the screen to enter and then touched the victim’s child. Mikesell said when being released, Cusick was directed not to have any contact with the victim and verbally attacked her.
“I don’t think he would adhere,” said Mikesell.
Pentz said Cusick had plenty of opportunity but didn’t physically harm the victim. Mikesell then argued that Cusick implied threats toward the victim with an angry tone and body language, because she “dared” to contact state police.
Nevling denied the defense’s request and left Cusick’s bail unchanged. The judge cited his own concerns of Cusick following “no contact” bail conditions.