Wednesday, February 5, 2014

1 charged in Pottstown shooting; details of melee released


POTTSTOWN — Police confirmed charges Tuesday against a man suspected in Sunday’s early-morning shooting incident as court documents revealed details in the subsequent melee.
Theodore Cosiouse Arnold, 31, of Pottstown, was charged with two counts of attempted first-degree murder as well as six felony counts of aggravated assault, six misdemeanor counts of simple assault, and other misdemeanor offenses including making terroristic threats, possessing an instrument of crime and recklessly endangering another person.
Paperwork indicates the charges were filed Sunday, but Pottstown Police Capt. Robert Thomas said Arnold was not in police custody as of yet.
Arnold was arrested in October 2012 in Pottstown for misdemeanor assault charges but those were dismissed less than a month later, a court docket indicated.
An investigation is ongoing into Sunday’s shooting that left Brandon Germany in Reading Hospital and Medical Center in serious condition Sunday. An update on his condition was not available Tuesday.
Police reports indicated that Germany was injured in the shooting early Sunday morning outside the Montgomery Elks Lodge at 609 Walnut St.
Court documents obtained by The Mercury Tuesday said Pottstown Police Officer Brandon Unruh responded first to the scene, assessed Germany’s injuries and began providing first aid for “at least one gunshot wound.”
While doing so, “a crowd began to gather,” an affidavit of probable cause filed by Pottstown police said. Initial police reports said the crowd came from inside the Elks Lodge.
Pottstown Police Officer Matt Green responded next and began trying “to disperse the rowdy crowd that began growing in numbers and were closing in on the victim and Officer Unruh.”
“Chad(d) Watson was in the crowd and refused to disperse when Officer Green gave him verbal orders to do so. Officer Green had to push Watson back in order to protect himself, the victim, Officer Unruh and the integrity of the crime scene,” according to the affidavit. “Watson refused, once again, to disperse and physically attacked Officer Green by forcefully pushing him off balance and backwards. Officer Green was able to forcefully take Watson to the ground where Watson attempted to strike Officer Green.”
Green attempted to detain Watson, who allegedly was not complying and continued to “assault” Green.
“Officer Unruh saw Officer Green being attacked by Watson as well as the group quickly approaching,” the affidavit continued. “Fearing that Officer Green was going to be seriously injured, Officer Unruh left the gunshot victim and came to Officer Green’s aid.”
As Unruh ordered the crowd back, police allege that Brooklyn Aiken punched him in the left side of the head and then continued to hit him multiple times.
A witness told The Mercury Sunday that he saw one officer punched in the head as he attempted to detain someone.
“Officer Unruh was able to grab hold of Aiken in an attempt to restrain him and prevent Aiken from harming him further. Aiken continued to assault and resist Officer Unruh,” according to the affidavit. “Several other members of the crowd converged on Officer Unruh and began assaulting him. Officer Unruh sustained several strikes and trauma to the head and torso region.”
Around that time, a call went out for assistance to other Pottstown Police units as well as other police officers throughout the county.
Sgt. Brian Rathgeb of the Pottstown Police was the first assisting officer to respond and aided Green first.
Police sprayed Watson with pepper spray, but he still allegedly had to have his hands forced behind his back to be cuffed.
Aiken, in the meantime, was taken into custody by Unruh, Officer Jeffrey Portock and other responding officers.
The initial release from the Pottstown Police mentioned a bystander assisting officers but the details of that are unclear and there is no specific mention of that person in the affidavit.
“The actions of Watson and Aiken fueled the already rowdy crowd, creating a chaotic scene,” the affidavit said. “Watson and Aiken’s actions were the catalyst to this riot. Watson and Aiken made an already extremely dangerous situation worse and prevented the (shooting) victim from getting medical assistance.”
Thomas said Sunday that he had “no idea” why Watson and Aiken were allegedly so aggressive.
Unruh suffered injuries to his head, including a concussion, according to the affidavit, and other upper body injures. Green also suffered “serious” upper body injuries.
Both were taken to Pottstown Memorial Medical Center for treatment and Pottstown Mayor Sharon Thomas confirmed Monday that both were “rehabbing well.”
Watson and Aiken were arraigned Sunday before District Judge Edward C. Kropp Sr. on multiple felony aggravated assault charges, felony riot by preventing an official’s actions, two different misdemeanor simple assault charges, misdemeanor terroristic threats, summary criminal mischief and multiple disorderly conduct and harassment charges.
Their bail was set at $250,000 cash, which neither posted, so they were sent to Montgomery County Correctional Facility.
Court documents showed Watson was previously arrested in 2010 on disorderly conduct charges in Pottstown for fighting and also for possessing marijuana and drug paraphernalia — for which he plead guilty to the paraphernalia charge — and again later that year in Lower Providence for breaking into a woman’s house.
He pleaded guilty to conspiracy to commit robbery through threatening and received a 1½ to 3 year prison sentence, according to court documents.
Aiken has been arrested twice, once earlier this year and once last year, on assault charges that were eventually dismissed, court documents showed.
It is unclear if more will be charged in connection with Sunday’s alleged assaults.
Mayor Sharon Thomas hinted Monday that a plan may be put into place to have “intervention(s)” with “nuisance properties” once the shooting investigation tied to the Montgomery Elks Club is wrapped up.

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