2010-11-18 / Local & State

Assault Case Headed To Court

Preliminary hearing held Monday for Kenneth Farley
By Chanin Rotz-Mountz STAFF WRITER

Kenneth Farley Kenneth Farley Sufficient evidence was brought forth Monday for a magisterial district judge to order all charges be bound over to the Fulton County Court of Common Pleas against a Needmore man accused of involuntary deviate sexual intercourse and several counts of aggravated assault.

The next scheduled court appearance for Kenneth Shawn Farley of 682 Donahoe Lane, Needmore, will include mandatory arraignment for the two separate criminal incidents dating back to July and October of 2010.

Farley, 42, faces three counts of simple assault, two counts of aggravated assault and one count each of involuntary deviate sexual intercourse, terroristic threats and recklessly endangering another person in connection with the assault of a 42-yearold woman at his Thompson Township residence on October 20.

The additional charge against Farley, one count of harassment, involves the same female victim, who alleged in court on Monday that Farley contacted her by telephone a total of 73 times between July 17 and July 21.

The woman maintained during the preliminary hearing before Judge Wendy Mellott that the majority of the voice messages pertained to a vehicle she was operating that Farley threatened to report to police as stolen. The content of the remaining messages, the victim recalled, ran the gamut from accusations of having a boyfriend who was a state trooper and calling Services for Children to have her 9-yearold sister removed from her custody to instructions to get home immediately.

The woman told the court she never told Farley to refrain from contacting her, and she may have e-mailed and visited with him during that time. She shared the extent of the messages saved on her cellphone with investigating officer Trooper Brett Massafra of the Pennsylvania State Police barracks in McConnellsburg. Massafra described the calls as being an “annoyance,” even though they were not made at odd hours of the day or threatening in nature.

On approximately July 27, the victim obtained a protection-fromabuse order against Farley. Records show Farley was arrested by state police on October 4 for allegedly violating the protectionfrom abuse order when the repeated phone calls resumed.

Only six days after his arrest and subsequent release on $30,000 bail, the woman stopped by Farley’s home during the late morning hours on October 10 as per his request to talk. She testified that after dropping off a bag of dog feed and cigarettes, she found Farley wrapped in a blanket in his living room. During their conversation, Farley is accused of pulling out a handgun and instructing the woman to disrobe.

The gun was also used to sexually and physically assault her, the woman said. Digital photographs were exhibited in court to show the wounds suffered to the left side of her face, temple and shoulder blade.

She managed to escape, the victim stated, when under Farley’s supervision she went to the door of the trailer a second time to check on her sister, who was reportedly playing outside. Running down the hill away from the home, the woman tripped, allowing Farley to again overcome her.

The defendant’s brother and sister-in-law, David and Anna Farley of 694 Donahoe Lane, testified in court on November 15 they were alerted to the scuffle outside by the woman’s little sister. Anna Farley said she observed a woman from her bedroom window clad only in her bra running down the hill before disappearing. At the same moment, Anna Farley stated, Kenneth Farley leapt into the air and in the direction of where she had seen the woman.

David Farley said when he went outside to investigate he found Farley sitting on top of the woman, who had the pistol in her possession. David Farley took the pistol and put his brother in a chokehold.

When the altercation ended, Kenneth Farley returned to his trailer after allegedly announcing he did not wish to return to jail. He threatened suicide, testified David Farley, who heard what he thought was a gunshot shortly afterwards. Kenneth Farley was taken into custody following a four-hour standoff with local state police and members of the state police special emergency response team.

During her testimony on Monday, the victim reiterated that she had contacted Kenneth Farley by telephone and e-mail on occasion and also stopped by the house to pick up mail or do her laundry even after the protection-fromabuse order was issued mid-summer. Her memory regarding the events between her fall to the ground and her hospitalization were sketchy under questioning by Fulton County District Attorney Travis Kendall and Public Defender Tamela Bard.

Bard’s request for dismissal of one count each of aggravated assault and reckless endangerment was not met by Judge Mellott even though the public defender specifically referenced the woman’s less-than-severe bodily injury and lack of ammunition present in the gun.

With all charges bound over for formal arraignment, Mellott turned her attention to the issue of bail, which had previously been denied. Bail was set at $75,000, and, if posted, Mellott instructed Farley to undergo electronic monitoring and mental health counseling and treatment.

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