CLEARFIELD – A Clearfield Borough Councilman who was accused of assaulting his girlfriend in August was sentenced to jail Friday in Clearfield County Court by Judge Paul Cherry.
Richard Dean Stewart, 47, of Clearfield pleaded guilty to simple assault, terroristic threats, disorderly conduct and harassment.
He was sentenced to serve 15 days to one year in jail for simple assault. He was sentenced to one year of probation for each of the terroristic threats and disorderly conduct charges, which will run concurrently.
He was fined $450 plus costs and ordered to pay more than $2,600 in restitution, which will increase due to the victim’s medical bills.
Stewart was ordered to neither have contact with the victim nor her immediate family. He is also to complete anger management counseling.
Upon Stewart’s request, Cherry allowed for him to enter establishments, which serve alcohol, for purposes of employment.
The charges against Stewart stem from a domestic assault incident that occurred Aug. 5, 2014 at an East Market Street apartment.
During the preliminary hearing, the victim testified that at approximately 10 p.m. on the night in question, she and Stewart engaged in an argument over a pool party he planned to attend. When she inquired about the date and time, she said Stewart became “irate,” yelling that she didn’t need to know.
According to her, the couple’s argument started in their living room, and she jumped onto the couch to try to get away from Stewart. However, she said he grabbed her by the arm, throwing her to the floor. She said Stewart told her if she asked about his plans again, he’d throw her out, find her and kill her.
After that the victim retreated to a bedroom where she said Stewart threatened to kill her if she went to the police or posted anything on Facebook. She said she jumped onto their bed but he threw her down and put both of his hands around her throat. The victim also said that Stewart struck her in her facial area at least twice while he had her pinned down.
When asked, the victim testified that Stewart told her: “Don’t bother going to the police. I’m on borough council; I own the police.” Stewart, she said, threatened to tell people that he didn’t cause her any physical harm and she inflicted injuries upon herself.
After Stewart left the apartment, the victim said she went to the Clearfield Borough police station. When no one answered the buzzer, she called 911, which dispatched officers to the scene. At the time, she said Stewart was watching her from outside of the Clearfield Borough offices.
She said Stewart drove off and she went back to their apartment to meet with police. Upon police arrival, she said she was taken by ambulance to the emergency department at Clearfield Penn Highlands for treatment of eye injuries.
The next day, the victim said she met with a representative from Crossroads. Afterward, she returned to the hospital for chest pain, at which point she was prescribed medication for stress and anxiety. The victim noted she suffered from soreness due to the assault incident.
When asked, the victim testified to fearing for her life when Stewart was threatening her on Aug. 5, 2014. She said she was still afraid that Stewart would hurt her.
Under cross-examination, the victim agreed that the couple’s argument was “loud and excited.” She said it might have lasted 15-20 minutes and she yelled for help but no one responded from neighboring apartments.
When asked why she didn’t just leave the apartment after being threatened by Stewart, she explained that there was only one exit. She said Stewart stood in her way and she was in fear because of his threats. When asked why she didn’t retreat to the bathroom, she explained she didn’t’ want to be “trapped” with Stewart.
Officer John Brown of the Clearfield Borough police was on duty and responded to the domestic assault. Upon arrival he encountered the victim who was “hysterical and crying.” Brown said the victim had clearly visible injuries, and he wanted her to seek medical treatment.
Officer Jake Rhymestine was also on duty the night in question. Because Stewart left the scene, he started canvasing the area for his vehicle. Rhymestine said he was contacted by County Control, which had received a call from Stewart. Stewart wouldn’t give his location and wanted police to contact him.
Rhymestine called Stewart, who said he had a verbal altercation with his girlfriend. He advised he didn’t do anything physically to hurt her, and any injuries she might have were self-inflicted. Rhymestine directed Stewart to report to the borough police station to meet with Brown.
Rhymestine proceeded to the East Market Street apartment, where he observed injuries on the victim’s face. He said the victim was being taken to the hospital and he responded to photograph her injuries and to collect her written statement.
Brown said after the victim was taken to the hospital, he returned to the borough police station to meet with Stewart. He said Stewart claimed he was trying to throw his girlfriend out of their apartment and it got crazy and out of hand. Brown said Stewart denied causing any physical injuries and claimed his girlfriend somehow injured herself.