2010-12-02 / Front Page

McMullen Pleads Not Guilty

Lawyer fails to appear in court
By Chanin Rotz-Mountz STAFF WRITER

A Fort Littleton man accused of threatening a woman with a loaded .22 caliber pistol made an appearance before Judge Richard J. Walsh last Tuesday only to discover his legal counsel was nowhere to be found.

During the November 23 session of the Fulton County Court of Common Pleas, 59-year-old Harold Ivan McMullen was scheduled for mandatory arraignment on one count each of simple assault, recklessly endangering another person, terroristic threats and harassment.

Seated in the jury box with other individuals facing arraignment, McMullen pointed out that his attorney, Annie Gomez of Waynesboro, was not in attendance. When asked by Judge Walsh how he wished to plead, McMullen stated he thought he wanted to plead guilty. He added Fulton County District Attorney Travis Kendall would know more about the situation.

Kendall responded that he was unaware of any firm agreement that had been reached in the case and suggested Mc- Mullen enter a plea of not guilty until he could further discuss the issue with his attorney. Mc- Mullen, agreed to waive arraignment proceedings and pleaded not guilty to all counts against him.

The charges filed on July 16 by Pennsylvania State Police Trooper Eric Bartlett of the Mc- Connellsburg barracks state a 59-year-old woman suffered a medical emergency on the living room floor of McMullen’s 2256 Sinoquipe Road home earlier that day. Trooper Bartlett’s affidavit of probable cause further maintains McMullen became upset after the woman failed to clean up to his standards.

McMullen took a loaded .22 caliber pistol and pointed it at the victim’s left temple and threatened to kill her, charging documents allege. Later in the day at approximately 2:30 p.m., McMullen reportedly struck the woman across the right side of her face with his open hand and called her obscenities.

The victim, Bartlett concluded, sustained minor injuries, which included redness and swelling to her face.

McMullen’s next scheduled appearance in court will likely be call to the criminal trial list just prior to the January 24 term of court. McMullen will have an opportunity at that time to withdraw his notguilty plea and enter a plea of guilty or request a trial.

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