The Herald, Sharon, Pa.

Local News

September 28, 2012

Won’t charge Hinkson, DA says

Rejects citizen’s assault claim

By Joe Pinchot Herald Staff Writer

HERMITAGE — Mercer County District Attorney Robert G. Kochems said he will not file any criminal charges against Hermitage City Manager Gary P. Hinkson stemming from a private complaint filed by John Kurilla alleging that Hinkson assaulted him.

In a letter to Kurilla, a copy of which was received by The Herald Thursday, Kochems said, “I find that Mr. Hinkson engaged in no conduct during the time period of your complaint that could be considered even prima facie evidence of a criminal act.”

There were no witnesses to support the allegations, Kochems said.

“I have further determined,” he said, “that even if every allegation in (the) complaint were true, it is not in the interests of justice to pursue your allegations in criminal court. The criminal justice system, with its significant costs to taxpayers is not the place for the incivilities between individuals alleged by you to be resolved.”

Kochems concluded that he forwarded a copy of the letter to The Herald because Kurilla “used” the newspaper “to publish your public statement making allegations for which my office could find no support.”

“That fat lady has not started to sing yet,” Kurilla said.

“I guess that I will have to accept the DA’s decision but that will not stop me in dealing with city business,” Kurilla said. “I finally figured out that it is the commissioners that I need to go after and I will. They are the ultimate bosses of this city. Hinkson is only a city employee.”

Hinkson said he had not received a letter from the DA, but added, “I fully expected that the truth would be revealed in any investigation. I have no further comment, at this time.”

In his complaint, Kurilla said he went to Hinkson’s office June 14, asked to speak to Hinkson and Hinkson invited him in. Kurilla said he asked Hinkson when he is going to enforce stop sign violations at Spangler and Longview roads.

Kurilla said motorists frequently run the stop sign on Spangler, and argued that police warnings are not having a deterrent effect. He said he wants police to issue citations.

During the course of the discussion, Hinkson “became agitated toward me,” Kurilla said.

“I started to walk out of the office when I turned to Hinkson and told him that none of you live on that stretch of Longview and do not have to put up with what the residents have to put up with,” Kurilla said. “I then told him that none of you give a damn about those residents.

“Hinkson then told me that nobody swears in his building and he immediately rose from his chair behind his desk and charged at me. As he approached me, he lunged at me putting his hand on my chest and pushed me back out of his office and slammed the door in my face.”

Kurilla initially filed a complaint with Hermitage police, who investigated it but apparently did not find that charges were warranted.

City Commissioner Chairman William J. Moder III said he also received a copy of the complaint and passed it on to solicitor Thomas W. Kuster. In a letter to the editor published in The Herald Wednesday, Moder and Commissioner Duane J. Piccirilli said Kuster’s investigation showed the complaint is “without any factual or legal basis.”

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