BROOOKVILLE, Pa. (EYT) — A local man is facing charges for allegedly resisting arrest during an incident at a truck stop in Brookville.
Court documents indicate the Brookville Borough Police Department filed criminal charges against 36-year-old Von Fitzgerald, of Brookville, in District Judge Gregory Bazylak’s office on June 7.
According to a criminal complaint, Brookville Borough Police investigated a suspected possession of a controlled substance case involving Von Fitzgerald on Friday, May 31.
The incident happened at the Flying-J truck stop around 4:21 p.m. on April 10. Officers were given information on Fitzgerald’s location. A worker led them to an area near the bathrooms and showers where Fitzgerald was cleaning a stall. Officers greeted Fitzgerald, causing him to sweat and becoming nervous, the complaint states.
Officers explained to Fitzgerald that he has two active warrants from Jefferson County Domestic Relations. Fitzgerald then started begging the officers to “work something out” so he would not have to return to jail, the complaint indicates.
Fitzgerald was told to put his hands behind his back and that he was under arrest. Fitzgerald refused, stating that he had a broken arm and could not put it behind his back. At this time, officers told Fitzgerald they would put the handcuffs on in front of him. Fitzgerald then put an earbud in his front left pocket. After he did this, officers observed a clip of a pocket knife hanging on the outside of his pocket. Deputy Burkett instructed Fitzgerald to remove his hand from his pocket, which he did not do, the complaint notes.
Deputy Burkett then took control of Fitzgerald by his wrist and removed his hand while taking possession of the pocketknife. Fitzgerald was then searched, at which point he pushed Officer Turnbull away, stating “Do not grab at me, let me go,” according to the complaint.
Fitzgerald then started screaming to Officer Turnbull that he had hurt his alleged broken arm. Officer Turnbull then grabbed his other arm and requested him to stand up, but Fitzgerald refused. Throughout the incident, Fitzgerald continued to resist and pull away from the officers until he eventually “returned to a state of calm,” the complaint says.
Fitzgerald was found to be in possession of a baggie of methamphetamine, as well as two medical syringes with orange caps and a metal spoon with burn marks and residue that he had allegedly thrown into a garbage can he was standing next to, according to the complaint.
Fitzgerald was charged with the following:
- Resist Arrest/Other Law Enforcement, Misdemeanor 2
- Use/Poss Of Drug Paraphernalia, Misdemeanor
- Int Poss Contr Subst By Per Not Reg, Misdemeanor
A preliminary hearing is scheduled for Thursday, July 25, at 11:00 a.m. with Judge Bazylak presiding.
