Magisterial District Court Reports
Retail Theft

Three individuals were arrested relating to retail theft at Weis Markets in Mountaintop. Arresting Officer Scott Rozitski, Wright Township Police Department, filed the charges on September 2, 2015.

Stephen Maguschak, 25, 45 Church St., Beaver Meadows, PA, has been charged with Retail Theft-Take Merchandise and Conspiracy-Retail Theft-Take Merchandise. Megan Rose Maguschak, 23, same address, has been charged with Conspiracy-Retail Theft-Take Merchandise. Brian Bartenope, 39, 104 East Mine St., Caputo Rooming House, Hazleton, was charged with Conspiracy-Retail Theft-Take Merchandise,

According to the Affidavit of Probable Cause, police were dispatched to Weis Markets where Loss Prevention had two individuals in custody for committing retail theft. The store manager stated he was in front of the store when he noticed a male walking out of the store with unbagged merchandise in a red shopping basket. Associates at the store are instructed to put “Paid” stickers on any on merchandise not bagged at the register. This prompted the manager to stop the defendant and ask for his receipt. The defendant could not provide a receipt for five bags of shrimp and three lobster tails totaling $227.86 that he had in the basket, He was taken to the Loss Prevention office where Police were called.

Surveillance video showed the defendant enter the store with three other individuals, the defendant and two males, one of the males went over to the meat case and took some meat into the aisle. He emerged out of the other side of the aisle without the meat and left the store. One male and the defendant both grabbed a red shopping basket while the other male walked with them toward the seafood case. Once there, the defendant put her basket down and went to the bathroom while one of the males took the seafood out of the refrigerated section with the other male pointing out to him what to take. The male then left the store, followed shortly by the male with the red basket containing the seafood. The male never paid for the seafood, the defendant came out of the bathroom and walked around the store looking for the group. When she couldn’t find anyone, she had a store employee page the male in custody, who is her brother. She was directed toward the rear manager’s office where her brother was in custody. The defendant and her brother were read their Constitutional Warnings and signed a rights waiver.

Interviews revealed the identity of the two males and that they all came to the store from the Hazleton area in the same vehicle and discussed committing the theft on the way there. The males left the defendant’s vehicle when they saw the male taken into custody. While at the Police Station, the defendant was able to make phone contact with the two males.

A preliminary hearing has been set for the three on October 7, 2015 at 10:30 a. m. before Magisterial District Judge Ronald Swank.

DUI

Kenneth David Mack, 53, 335 Butler St., Kingston, was charged with two counts of Driving Under the Influence and related charges by Arresting Officer Tpr. Ryan W. Golla, Hazleton Pennsylvania State Police. Charges were filed on September 2, 2016.

According to the Affidavit of Probable Cause, on July 8, 2015 at approximately 2:02 a. m., Tpr. Jonathan Stemrich, Tpr. Rebecca Clatch and Tpr. Golla were dispatched to the area of I-81 northbound near mile marker 157 for a white sedan traveling southbound in the north bound lanes. The troopers were able to locate the vehicle at mile marker 154.3 sitting along the west shoulder of I-81 northbound, Trp. Golla observed the vehicle displaying Pennsylvania registration.

Trp. Golla contacted the operator of the vehicle. He had a strong odor of an alcoholic beverage about his person and his speech was slurred. Tpr. Golla asked the male to perform SFST’s. When Tpr. Golla started to perform the HGN test, the male refused to cooperate. Tpr. Golla informed the male he was under arrest for DUI and placed him in the patrol vehicle. The operator of the vehicle was identified as Kenneth David Mack. Mack did perform a PBT that indicated positive for the presence of alcohol.

Mack was transported to the Lehigh Valley Hazleton Hospital where the trooper read him the DL-26 form and he submitted to a chemical test of his blood at 3 a. m. Mack’s BAC was .220%.

A preliminary hearing has been set October 21, 2015 at 10 a. m. before Magisterial District Judge Ronald Swank.