2011-09-08 / Front Page

Not-Guilty Plea Entered In Rape Case

Garry Shoemaker seeking new counsel for call of the list
By Chanin Rotz-Mountz

Having met briefly with his attorney, a McConnellsburg area man appeared before Judge Angela Rosenberry Krom Tuesday morning without legal counsel to waive his right to arraignment proceedings.

Charged with six counts each of aggravated and indecent assault as well as four counts of rape, four counts of involuntary deviate sexual intercourse and two counts of sexual assault, Garry Allen Shoemaker, of 47 Hillside Estates, appeared before Judge Krom for formal arraignment on September 6.

In inquiring as to who was serving as his legal counsel, the judge was told by Fulton County Defense Attorney Travis Kendall that Shoemaker and defense attorney Chris Sheffield had a “rift” of sorts earlier that morning. Sheffield had since left the courthouse and would not be appearing on Shoemaker’s behalf, Kendall said.

Shoemaker, 46, agreed to proceed without counsel and entered a not-guilty plea to all charges that were filed June 20 by investigating officer Trooper Joseph Horton of the Mc- Connellsburg state police barracks. The charges stem from allegations that emerged in early April after Shoemaker attended a kid’s birthday party in Mc- Connellsburg Borough.

In an affidavit of probable cause, Trooper Horton maintains he interviewed a female victim at both Fulton County Medical Center and the state police substation on April 4. The victim told the officer she and Shoemaker had been friends for almost three years, and she in- vited him to her home for her son’s birthday.

After the party concluded, the affidavit stated, the woman and Shoemaker went into her bedroom to smoke.

“The victim said that Shoemaker was hitting on her, and she told him that they could not be together,” the affidavit alleges.

“The woman said that the next thing she could recall was she was down on the bed, and Shoemaker was ripping her clothes off. She related that Shoemaker had his hands around her neck.”

The woman maintains she called out to her kids for help and repeatedly kicked her legs in an attempt to get the alleged rapist off of her. “Shoemaker stopped and left when he heard her son was awake,” the affidavit said.

She also reportedly told police investigators she had not been feeling well and felt “totally wasted” after having only two beers.

Shoemaker is next scheduled to appear in the Fulton County Court of Common Pleas on October 11 for call of the list. Call of the list is the court’s deadline to accept any plea agreement that has been offered or to schedule a trial by judge or jury.

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