Three to face charges in county court
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July 26, 2006

Three to face charges in county court

Three men accused of aggravated assault – two alleged to have
attacked Bradford City Police officers and one who allegedly held a
gun on convenience store patrons – will face their charges in
McKean County Court.

Following preliminary hearings Wednesday in front of District
Judge Dom Cercone, charges against Anthony Giordano, 50, of 2724 W.
Washington St. and John Waterman Jr., 34, of Smethport, were bound
to court; while Richard Herbstritt, 20, of 22 Kane St. waived his
preliminary hearing.

Herbstritt is facing charges from an altercation at 23 Pearl St.
at 4:28 p.m. June 10. According to court records, Herbstritt and
his girlfriend, Dawn Buterbaugh, had been involved in a domestic
dispute and Buterbaugh had gone to an apartment at 23 Pearl St. to
hide from him.

Herbstritt followed her there, but the resident would not allow
him to enter. Herbstritt began walking up and down the street
yelling for Buterbaugh and kept returning to the residence where
she was. The third time, he saw Buterbaugh inside, pushed past the
resident of the apartment and entered, the records read.

The resident repeatedly told him to leave and when he did not,
she called the police. When police arrived, they told him to leave
the residence and he refused. The resident repeatedly asked the
officers to get Herbstritt out of her residence, the records
read.

Herbstritt eventually went onto the front porch of the residence
to speak to the officers, and began yelling profanity and “swinging
violently towards both officers” – Mike Ward and Hiel Bartlett. The
officers tried for several minutes to place him in custody, but he
continued to resist, the records read.

An altercation ensued in which Herbstritt kicked Ward in the
knee and then dragged him across the porch, causing injury to his
other knee. During the incident, Bartlett sustained injuries to his
hand and knee as well, according to the records.

Both officers required medical treatment before being able to
return to their duties.

Herbstritt is charged with two counts each of aggravated
assault, simple assault and harassment; and one count each of
resisting arrest, defiant trespassing and disorderly conduct. He is
free on $10,000 bail pending further court action.

Giordano was charged following an incident that began at Country
Fair at 8 W. Washington St. at 2:32 a.m. June 3.

Bradford City Police received notice from the McKean County 911
Center of a male at Country Fair who was pointing a gun at people.
Two officers responded and were shown the suspect’s truck as it was
leaving the convenience store parking lot. The officers pursued the
truck, which eventually pulled over at Parkview Supermarket parking
lot, the court records read.

The officers told the driver to put his hands up and exit the
truck, but he repeatedly refused. When officers approached the
truck, they saw a .22-caliber rifle in plain view on the bench seat
of the pickup and smelled a strong odor of alcohol on the driver,
who was identified as Giordano, the records read.

Giordano’s blood alcohol content was tested at more than three
times the legal limit at .28 percent; the legal limit is .08
percent.

Upon interviewing patrons and employees at Country Fair, police
learned that Giordano had been in the store, had started arguments
with patrons and was asked to leave by employees. The arguments
proceeded outside, where Giordano produced a rifle from his truck,
shouldered it, pointed it at a customer and stated “I’m going to
kill you,” the court records read.

He is charged with aggravated assault, terroristic threats,
simple assault, recklessly endangering another person, driving
under the influence of alcohol, driving with a suspended license,
public drunkenness, disorderly conduct and harassment. He is free
on $10,000 bail.

Waterman was charged following an incident at 1:14 a.m. June 24
on Main Street of Bradford when he approached Officer Tony Lama
yelling and screaming “for no apparent reason,” the records
read.

Waterman kicked an empty garbage can into the street and Lama
told him to turn around and face the building they were in front
of. When Lama was calling for assistance, Waterman tried to flee.
Lama grabbed his shirt and Waterman turned and punched the officer
in the left eye with a closed fist, the records read.

Waterman fled the scene on foot, but Lama captured him within
three blocks and placed him under arrest.

Waterman is charged with aggravated assault, simple assault,
resisting arrest and disorderly conduct. He was remanded to McKean
County Jail in lieu of $10,000 bail.

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