Sex Offense Cases Appear For Call Of The Criminal Trial List
Alleged offenders Curtis Michael Bryner, Kenneth Shawn Farley, Joshua Wayne Robinson and Garry Allen Shoemaker were among the 42 defendants slated to appear before Judge Angela Rosenberry Krom on January 10 for call of the criminal trial list. The last opportunity for a defendant to accept any offer, if one is made, by the commonwealth, or to request a trial by judge or jury, two of the men opted to push their cases to a criminal trial.
Curtis Michael Bryner
Bryner, formerly of 782 East Hill Road, Needmore, was arrested more than a year ago on December 20, 2010, by Pennsylvania State Police Trooper Joseph Horton of the Mc- Connellsburg barracks in connection with incidents that reportedly occurred from May 1998 through May 1999 and again in February of 2008. Charges against Bryner, 39, include six counts of indecent assault; four counts of indecent exposure; two counts of involuntary deviate sexual intercourse; and one count each of sexual assault, simple assault, endangering the welfare of children, criminal coercion and recklessly endangering another person.
Investigating officer Trooper Horton learned about the alleged incidents when the juvenile victim was interviewed in February 2010 by a forensic interviewer at the Adams County Children Resource Center. During the interview the victim maintained he was 5 years old when Bryner began inappropriately touching him, charging documents state. The act occurred at least three to four times during the course of the year.
According to the affidavit of probable cause, the victim also told police Bryner pointed a gun at his face, ordered him onto a bed and announced he wasn’t afraid to shoot him. The boy, who was 14, said Bryner dumped six rounds out of the 38 special revolver’s cylinder and proceeded to load one round into the gun. After repeatedly cocking the hammer and squeezing the trigger again and again, the boy was forced to remove his pants and underwear, police said. Bryner also removed his pants and further threatened to kill the boy if he revealed the alleged indiscretions to anyone.
On Tuesday, a court date of March 7 was selected for a trial by jury to be overseen by Judge Carol L. Van Horn in the Fulton County Courthouse. Jury selection will be on January 23. Among those tentatively slated to testify during the one-day trial are two state police troopers, the victim and Kimberly Duffey from Adams County Children’s Services.
Kenneth Shawn Farley
Now represented by newlyappointed Fulton County Public Defender Dwight Harvey, Farley was granted a continuance until the April 10 call of the criminal trial list. The continuance, according to Harvey, was necessary to determine whether DNA testing can be performed on the barrel of a firearm. The test may be unable to be performed in the event the gun has been test-fired.
The gun was allegedly used during an assault on October 10, 2010, against a 42-year-old female from Hancock, Md., at Farley’s home located at 682 Donahoe Lane, Needmore.
In an affidavit of probable cause filed in the case, Trooper Horton stated his interview revealed the woman had gone to the Thompson Township home to drop off dog feed and cigarettes. Farley is accused of pulling out a pistol and threatening to shoot her. He also allegedly used the pistol to sexually and physically assault the woman, who was forced to strip off her shorts and shoes, police said.
The woman was able to flee from the house, the affidavit maintains, but Farley caught her and tried to pull her back into the trailer by her hair. The duo allegedly struggled for the gun when a family member intervened and took the weapon.
Farley proceeded to barricade himself inside his home, which resulted in a four-hour standoff with members of the state police special emergency response team. During that time, a gunshot was heard from inside the residence, but Farley was eventually arrested and determined to be uninjured.
Charges currently filed against Farley, 43, are 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.
Joshua Wayne Robinson
A jury will be selected later this month for the April 4 criminal trial of Robinson, who was arrested last fall after a 9-yearold girl came forward with allegations of rape and indecent assault. Charges against the 28- year-old Big Cove Tannery man include four counts of rape; three counts each of involuntary deviate sexual intercourse and indecent assault; and one count of statutory sexual assault. The charges against Robinson, of 2391 Cito Road, stem from an incident that reportedly occurred in mid-August at an Ayr Township home.
The victim related, the affidavit said, she was lying in bed next to Robinson, who allegedly reached inside her clothing and touched her inappropriately. The girl added that Robinson asked her to touch him in turn and placed her hand on himself several times, police stated in charging documents.
In speaking later with the accused, police alleged in the affidavit Robinson verbally admitted to investigators he asked the girl to touch him, and outlined the events in a written confession. “The defendant related the only reason he did this was because he took too many of his prescription pain pills, and he was intoxicated as a result,” Trooper Davis concluded in the documents.
Gary Allen Shoemaker
Appearing along side defense attorney David Keller, Shoemaker appeared before Judge Krom on Tuesday for entry of a plea in connection with an incident that occurred at a Mc- Connellsburg Borough residence along Lincoln Way West during the early morning hours on April 4, 2011.
In an affidavit of probable cause, Trooper Horton stated he interviewed the victim, a 26-year-old woman, at both Fulton County Medical Center and McConnellsburg state police barracks. She maintained in the interview she was allegedly raped and assaulted by Shoemaker of 47 Hillside Estates, McConnellsburg. The assault occurred in the hours following a birthday party for the woman’s son.
The affidavit said the woman maintained Shoemaker, 46, was “hitting on her, and she told him that they could not be together.” She then informed police the next thing she knew Shoemaker had her down on the bed and was ripping her clothes off, added the charging document.
“She said she was kicking, trying to get Shoemaker off of her and called to her kids for help... . Shoemaker stopped and left when he heard her son was awake,” the affidavit stated.
Initial charges filed in the case were six counts each of aggravated assault and indecent assault; four counts each of rape and involuntary deviate sexual intercourse; and two counts of sexual assault.
Shoemaker entered a guilty plea to indecent assault, which carries a maximum penalty of two years incarceration and a $5,000 fine.
A presentence investigation report will be completed by the Fulton County Probation Department. Sentencing has been tentatively scheduled for February 28.