CLEARFIELD – A New Millport man who allegedly struck and killed a woman with a stolen vehicle was sentenced to state prison for a probation violation Monday.
Joshua Jeffrey Nelson, 30, 832 Zion Rd., New Millport, was in violation of his probation on a criminal trespass charge when he allegedly stole a car, struck a woman, fled the scene and then assaulted two, other women in the Brown Street area of DuBois on Aug. 12, according to previously published articles.
Nelson was also awaiting preliminary hearings in two, other cases at the time of the incident. He was originally scheduled for a preliminary hearing July 29 for a simple assault case; however, that hearing was continued because he was admitted to a mental hospital in Clarion. He also asked to be admitted to a mental facility after he was arrested for defiant trespass on July 31.
His probation was revoked in August, but his attorney, Douglas Campbell, asked for a reconsideration of his sentence because at that time the two, new cases had not passed the preliminary hearing stage and no charges had yet been filed for the DuBois incident. The original sentence was vacated and he was brought back to court to be sentenced again.
Nelson has since waived his right to a hearing in these two cases. Campbell asked Monday that Judge Paul E. Cherry only consider these cases when sentencing Nelson.
Campbell pointed out to Cherry that Nelson had only previously served 90 days in jail. He said that he heard from others that Nelson was a kind, sweet person and would never hurt anyone on purpose. He explained Nelson is on medication now and is in a “much better place” and could help family members if he is released.
Three family members spoke on Nelson’s behalf. His brother said that Nelson helps take care of everyone and it is hard for him to do these things without Nelson’s assistance. His grandmother stated that Nelson has not “been right” for the last five years. She referred to him as “the best and kindest person” when he was growing up.
Nelson spoke in his own defense, stating he has gone through a lot, but he really tried to get help when he admitted himself to the hospital for treatment and therapy. He apologized to Cherry for being in front of him again. “I just want to get better,” he said.
District Attorney William A. Shaw Jr. asked for an appropriate sentence “for the safety of the community.”
Cherry reminded Nelson he had previously warned him that if he came back to court on any probation violation he would send him to state prison. He stated that Nelson was not thinking of his family when he committed these new acts.
“You didn’t learn your lesson,” he said, adding that when Nelson was sentenced in October to a county sentence it was not what the court originally intended to do.
Cherry revoked his probation and sentenced Nelson to three to 10 years in state prison for criminal trespass. This is the same sentence he gave Nelson in August.
Shaw stated that the charges in the DuBois case are still pending.
According to a press release from Sandy Township police regarding that incident, officers were dispatched after several calls around 12:30 p.m. Aug. 12 for activities on Brown Street. The callers’ reports ranged from alleged suspicious activities to an incident involving a vehicle and a resident.
Upon arrival to the scene, police allegedly found citizens who were restraining a male, later identified as Nelson, outside of a residence on Brown Street near its intersection with Blakely Avenue.
Police subsequently took custody of the male. Upon investigation police allegedly found several attempts were made by the suspect to steal vehicles from residences along Brown Street.
Police said the suspect allegedly stole a car and fled the scene. While committing the alleged theft and fleeing, police said he struck Betsy Val Andryka, who was cutting grass in front of her residence; Andryka died as a result of her injuries.
According to the affidavit in the defiant trespass case, Nelson was on the property of the Park Avenue Towers in Curwensville Borough July 31 even though he was not privileged to be there.
Police spoke with his mother who lived in that building. She advised the officers that Nelson was released from a Clarion mental hospital two days earlier. She said he had made statements to her about “suicide by cop.”
Officers were able to make contact with Nelson, who gave no indication that he was in distress or wanting to harm himself. Once he was in custody, Nelson commented that he thought he left the hospital too soon and would like to be admitted back to the hospital. Nelson was transported to an area hospital where he spoke with a mobile crisis worker.
The assault case occurred at Nelson’s residence in New Millport on July 3.
According to that affidavit, the victim told police that he and a female had given a ride home to Nelson’s girlfriend. While they were at the residence, Nelson became extremely irritated and started walking toward his pit-bull, which was caged, to let the dog out. The victim said the dog is extremely vicious and has bitten Nelson’s girlfriend in the past, which put her into a hospital.
When the victim tried to stop Nelson from releasing the dog, Nelson fell to the ground. He immediately got up and grabbed a knife. Stating “this is my house,” he raised the knife over his shoulder. Another witness grabbed Nelson’s arm quickly to stop him from striking the victim. The victim told police he had never been so scared and he feared for his life.
When police spoke with Nelson, he said the victim was messing around with the dog and he noticed the dog was getting irritated. He told the victim to stop bothering the dog, adding that the dog was in a cage for a reason. Words were exchanged and they got into a wrestling match. Nelson admitted to picking up a knife from the kitchen table, but he wasn’t sure if there was a blade on it or not. He said he did not attempt to stab anyone.
The case his probation was revoked on stem from an incident that occurred in Knox Township on July 2, 2014 when Nelson led police on a chase, burglarized a camp and then resisted being taken into custody.
According to that affidavit of probable cause, Nelson’s mother contacted police, saying he was intoxicated and suicidal. When police arrived on the scene Nelson attempted to flee, almost striking the patrol unit with his vehicle. Another police car arriving for back up had to swerve to avoid a collision with Nelson’s vehicle. Both units then pursued him at a high rate of speed until Nelson got away.
They searched the area before they were flagged down by a resident who told them they saw Nelson’s vehicle travel down a dead end dirt road where a hunting camp was located.
Nelson had driven over an old fence to bypass a locked gate and continued through a grass field before leaving the vehicle and fleeing on foot.
Eventually officers were able to locate Nelson in a wooded area. He was given several verbal commands to get on the ground, but he had to be subdued by a Taser. After the Taser prongs were removed, he was placed in custody but he continued to struggle, as he was placed into the back of one of the patrol units.
