Magistrate Report

Wildlife Commission Officer David P. Allen filed charges against two individuals for an incident on May 2nd in the PA State Game Lands 207 in Rice Township. WCO Allen states that, while on routine patrol, he and Deputy Wildlife Commission Officer Timothy Readler came upon a pickup truck in an area closed to motorized vehicles.

Court documents show that the officers questioned the truck owner, Justin E. Coledo, 20, of Nanticoke, about materials found in the bed of the truck. Subsequently Coledo was charged with 6 separate offenses: 1 count of Prohibited Offensive Weapons for possession of brass knuckles; 2 counts of Receiving Stolen Property for having a license plate that had been reported as stolen, along with two UGI warning signs; 1 count of Unlawful Devices, for using a magazine shotgun to hunt turkey; 1 count of Unlawful acts on commission lands or waters for possessing a State Game Lands Boundary sign; 1 count of Control of Property, for driving in a vehicle restricted area; and 5 counts of Control of Property for having a small amount of marijuana and paraphernalia in his vehicle on Game Land property.

In the same incident, WCO Allen filed 4 separate offenses against Sierra R. Benninger, 19, of Mountaintop: 1 count under the Controlled Substance Act for possession a small amount of marijuana; 4 counts under the Controlled Substance Act for possession of paraphernalia; 1 count of Unlawful Acts for hunting without a license; and 5 counts of Control of Property for having a small amount of marijuana and paraphernalia on Game Land property.

WCO Allen’s report said that, at his request, assistance was provided by Sergeant Harold Ehret. The individuals were released and drove out of the area. Benninger was given a ride by Sgt. Ehret.

Official charges were filed against the two individuals on May 20, 2013 at Magisterial District Judge Ronald W. Swank’s office. They are awaiting Preliminary Hearings which are scheduled for July.


Charges were filed with Judge Swank’s office by Rice Township Police Chief Robert Franks on May 22, 2013 relating to an incident on Saturday, May 18th at the American Legion Post 781.

Chief Franks filed one count against Zachary R. Yeager, 34, of Wapwallopen. Yeager was charged with Disorderly Conduct –Unreasonable Noise, for conduct with intent to cause public inconvenience, annoyance and alarm, resulting from his fireworks display. The charges state that the unreasonable noise continued after the individual was warned by the Rice Township Police Department that multiple complaints had been received and he was to cease the fireworks demonstration.

The Affidavit of Probable Cause documents that the incident occurred when Rice Township Police Department received a minimum of 40 complaints by 7:20 pm on May 18. The police verified that the defendant, owner of ZY Pyrotechnics, was conducting a fireworks demonstration. Upon being told at approximately 8 pm that the display must stop, Yeager said that it would be over in 45 minutes. At 10 pm, the defendant was again ordered to cease, and he said that once the display was set it could not be stopped. He was told to stop or he would be arrested. The defendant said that he was state licensed.

A Preliminary Hearing on the charge is set for late June.