The City of Bradford’s fire chief was found innocent of a charge
of disorderly conduct Monday that had been brought against him by
the owner of a private ambulance company currently embroiled in
controversy with the city.

William McCormack, represented by Greg Henry, was found innocent
of the charge levied by Priority Care Ambulance Service owner Brian
Gustafson in the court of District Judge Dom Cercone in a 30-minute
hearing Monday morning.

Gustafson presented two witnesses during the hearing, Priority
Care employees Bryan Dunn and James Taylor. Dunn said that on June
1, at 6 p.m. when he reported to work at the Priority Care station
at 200 Chestnut St. Extension, he saw McCormack sitting in his
personal pickup truck across the street.

“Mr. McCormack was observing us through binoculars from across
the street,” Dunn said. He presented four photos he had taken which
showed McCormack’s truck, stationary at first and then starting to
drive away from a location across the street.

Under questioning, Dunn said the only thing McCormack said to
him was that he could not take his picture. Dunn testified that the
entire episode was upsetting to him.

Taylor also testified that he had seen McCormack there when he
arrived, observed McCormack watching and grew alarmed.

Following the men’s testimony, Henry made a motion for a
directed verdict – an order from the judge that directs that one
side or the other wins.

“Each and every element charged must be proven beyond a
reasonable doubt,” Henry said in his argument to Cercone. The
elements of the crime of disorderly conduct include that the act
alleged serve no legitimate purpose and create a hazardous or
physically offensive condition.

“Emotionally offensive disorders are not adequate,” Henry
said.

He went on to explain what sort of crimes would fall under the
charge of disorderly conduct.

“The strewing of garbage, nails or noxious substances on public
property,” Henry listed, “throwing garbage or stink bombs in public
areas.”

Referring to McCormack’s truck being parked off of Priority
Care’s property, Henry said there was no hazard created for the
private ambulance service.

“If individuals are blocking ingress and egress, that could
certainly create a hazardous situation if someone had requested
their help,” he said. “There are no cases in Pennsylvania where
liability could attach in these circumstances.”

Giving his opinion, Henry said, “It is absolutely clear to me
that Mr. McCormack could have paraded up and down on a public
street wearing a sign that denigrated them and he couldn’t be found
guilty. He did not disturb the peace.”

Gustafson countered the argument, saying that the spirit of the
law should be considered, rather than the letter of the law.

He explained he had “proven there was an annoyance … an act that
served no legitimate purpose.” Hazardous conditions are not defined
in the law, but are open to judicial interpretation. He added that
he believed he had met the burden of proof.

Cercone said he had also researched the matter, and did not feel
the allegations set forth met the charge of disorderly conduct. He
found McCormack innocent, and then paused for a moment to admonish
the parties involved in the case.

“I hope we don’t get into a bunch of little sparring matches
before this gets into the civil case,” Cercone said from the bench,
adding that would serve only to cloud the issue of ambulance
service in the city. “We certainly don’t need to do that.”

Gustafson left following the hearing, but Henry approached The
Era to make a statement.

“We’re gratified that Mr. McCormack was discharged by the court.
Accepting everything that’s been said as true, this case should not
have been brought to court. And we hope it’s the last of its kind
to be brought.

“If there are issues relating to ambulance service, they should
be approached in a different way.”

Priority Care is still considering litigation against the city,
alleging McCormack and the city have attempted to drive him out of
business. He is seeking to be able to operate in the city as a
provider of emergency medical services.