PFA Details of Terminated Corrections Officer

Last week, I told you that Northampton County has asked a judge to reverse an arbitrator's decision to reinstate a corrections officer who engaged in domestic violence. In addition to two PFAs that his wife ultimately dropped, I pointed to criminal charges that had been filed against him in 2004 and 2006. Agent 99, who was pulled his PFA file in Lehigh County, also stumbled upon criminal charges filed against Hoffert in 2001. Those charges have been expunged, but Agent 99 found a civil file for the court costs.

Agent 99 pulled Hoffert's PFA in response to several anonymous comments that attempted to minimize what had happened. I've decided against publishing the file in its entirety because it would reveal the home addresses and personal cellphone numbers of both Hoffert and his wife. But I am reproducing the claims his wife made in her 2014 petition, right after the assault.

I was sent to the hospital after several open hand hits by Shawn Hoffert on my face. He continued. He slapped my face back and forth from one side to another. He punched me in the eye, causing several stitches, swelling, neck pain, etc. With his two hands he put them around my neck and was choking me. He was banging my head on the floor. he did this 2-3 times. I was gasping for air. While he was doing this, he either said "I'll kill you" or "I can kill you."

A PFA Won't Stop A Bullet

A month before a Bethlehem mother was gunned down in front of her three children, she made a public plea for help from the Northampton County judicial system. And she got it. Thida Myint, originally from Myammar, was granted what is called a Protection From Abuse Act Order.

Pennsylvania's Protection From Abuse Act (PFA) was adopted because our criminal law is inadequate for dealing with the violence that sometimes arises in a domestic environment. Police are reluctant to get involved, especially when battered wives drop charges only days after they are filed. So this domestic, non-criminal law was adopted. It includes a temporary protection order, which can be issued based on the testimony of just one person, to provide some basic protection from violence, as well as a cooling off period.

Opponents of this law claim it used as a tool of revenge.

Here are the facts.

1) PFAs have declined in Northampton County. - In 2000, there were 1,238 PFA actions. In 2012, the number was 1,038. Given the change in population, there has been a decrease in people seeking PFAs. In 2000, one out of every 216 people was forced to seek a PFA. But last year, it was only 1 in 288.

2) Over half of the PFAs filed are withdrawn or dismissed. - A study of 200 PFAs filed this year reveals that over half of them (117) are withdrawn, dismissed or just expire. 67 were simply withdrawn, in some cases, even after a final PFA Order has been entered. 43 were outright dismissed for insufficient evidence after hearing. 7 cases, emergency orders from a Magistrate's office, simply expired with no further action.

In many of the withdrawn cases, the files contain photographic evidence, showing that violence did occur.

Judges are reluctant to allow a battered spouse to withdraw a PFA. Judge Paula Roscioli, for example, has denied motions to withdraw PFAs. Senior Judge Lawrence Brenner, the jurist who granted Myint's PFA, also rejects motions to withdraw PFAs.

3) PFAs are often very limited in scope and duration, with the focus on minimizing family violence. - Although a PFA can last as long as three years, judges are reticent to make them last that long, especially when children are involved. They usually impose a shorter duration and often allow limited contact between mothers and fathers for visitation purposes with children.They appear to be particularly concerned about children. In one case, where a mother commented in passing about unexplained bruises on her children, Judge Michael Koury requested that they be brought to him that very day so he could ensure there is no abuse.

4) Some PFAs are agreed orders. 14 of the 200 matters reviewed resulted in agreed PFAs.

5) Contempt of a PFA is uncommon, but not rare. Of 200 cases, contempt proceedings were filed in only 17 of them.

6) Jail is rare. - Of the 200 cases studied, only 2 jail sentences were seen. One was for 24 hours and another was for 90 days.

7) The PFA staff is very helpful. - This staff helps in the preparation of complaints, and accompany parties to the courtroom and ensure that Court Orders are timely delivered to police and Sheriffs.

8) A PFA is no insurance policy. - Myint's husband, Win Win Htut, was ordered to stay away from his wife and their three children. He was ejected from their Central Park Avenue residence in West Bethlehem. Sheriffs were even directed to seize his guns, and they did. After the matter was transferred to Lehigh County, the order was made permanent.

The next day she was killed, allegedly by her husband.

From court documents, these are some of her last words:

"[My daughter] was talking with me about colleges and the cost of going to college. [She] started crying about the situation and her father heard this and he got really mad ... . He stated that we are unlucky and this is why he can not make money doing his job. ... He punched a hole in the living room wall - right next to [my daughter's] head. Then he smashed some glasses in the kitchen by throwing them on the floor. Then he started screaming at [my daughter] to get out of his house and leave. [She] stated she would call police and he yelled at her some more and was cursing at me and yelled at [her] to get back in the living room. He stated that he would kill everyone in the house because he will not be able to control himself. Then he called his parents because he knew that he was out of control. He stated that he does not want to live with us anymore. [My daughter] went downstairs and called police and police came out and police told him to leave for the night. Police advised us to file for a PFA Order -so he can not hurt or threaten us anymore.

"He stated he didn't trust me with the kids and he tried to blame everything on me. We can't leave the house at all. The kids can't go play in the yard or even the balcony. Get questioned for staying after school. Can't see friends outside of school. 

"About 2-3 times a week, he will yell and scream at everyone in the household and then he will break things. He states I hope all of you end up dead. ... I can't even go grocery shopping without him."   

Gregory Contempt Hearing Continued a Week

Although Jim Gregory's contempt hearing was scheduled for today, it was continued until next Friday at 11 AM. Gregory asked for the continuance, telling Judge Zito he has funds to hire his own lawyer. He will remain incarcerated until the matter is heard. The probation office has lodged a retainer that will keep Gregory there, even if he makes bail.

People making their way to the courtroom had to pass through a gauntlet with Tricia Mezzacappa and IRA wannabe Michael Holmes catcalling those they dislike. That naturally included me. But when Mezzacappa began to taunt this time, I turned to her and said, "Willlllllllllbbbuuuuuurrrrrrrr."

While waiting for Judge Zito, Gregory kept turning around and staring at his ex, shaking his head. I was seated right in front of her and could see his malevolent stare. In an orange jumpsuit and shackled, he was as arrogant as ever.

Judge Zito had been on vacation all week, but ended it early because of this and other matters. Today, his primary concern was to ensure that Gregory had a lawyer. Some years ago, then President Judge Robert Freedberg ruled that defendants in contempt PFAs were entitled to a public defender if they applied or were incarcerated. The current President Judge, Stephen Barratta, has a different opinion. But Judge Zito was taking no chances.

He had two public defenders, Tony Rybak and Dwight Danser, and was ready to appoint one of them.

But before that happened, Gregory told Judge Zito he would provide his own counsel and had the money for one. He tried to imply that prominent Easton Attorney Gary Asteak would still represent him, but then read a letter from Asteak into the record that revealed, quite clearly, that Asteak is done with him, partially because he simply does not listen..

Gregory wants time for his lawyer to gather witnesses to refute five contempt citations that are "outrageous, outlandish, insane and incorrect."

After the hearing, Gregory supporter Mike Holmes was briefly questioned by two deputies about filming the proceedings or goings on in the hallway, which apparently was reported by an attorney. Holmes became very belligerent, and began insulting everyone.

Gregory was hollering out commands to Mezzacappa as he was carted away.

"What am I gonna' tell my boys?" he yelled on his way down the corridor.

PFA Obtained by Gregory's Sister, Mother

Things keep getting weirder and weirder in As The Gregory Turns. In addition to his ex-girlfriend, Jim Gregory's sister and mother now have a Protection from Abuse Order against him, too. It's a temporary order, obtained yesterday from Judge Edward Smith. A final hearing is set for Friday at 11. That's when the Court will also consider two contempt citations filed by his ex.

According to the latest complaint, this round of abuse actually started back in May, when he dropped in at the family ranch in Bethlehem. He began cursing at his sister and then "pushed me really hard," knocking her to the floor. Though Gregory is aware that his sister has had five back operations, he screamed that she was "milking it," called her a "fat pig," and kept telling her to get up. She was afraid to move. When he left, she wanted to call the police, but her mother asked her to give him another chance.

So now she has a herniated disc in her neck, thanks to her gentle brother.

Gregory's mother told him not to return to the family home, but he ignored her and came back yesterday. He began banging on the door and they refused to let him in. But they had forgotten to lock the back door, and he eventually slipped into the house. He is, after all, an almost Mensa. Afraid, his sister called 911. He tried to grab the phone from her, but failed. He cursed her up and down until police arrived. He then lied, according to his sister, and told police that his mother never told him he is unwelcome.

Police escorted him from the house.

When Gregory's ex was successful in getting a 3-year PFA Order and contempt citation against him last week, he and Tricia Mezzacappa shreiked that he is actually the victim and she the aggressor. Mezzacappa had all kinds of vulgar and childish insults for this poor woman. Gregory even called the woman he supposedly loves a prostitute, while simultaneously trying to woo her back.

What kind of harassment and intimidation will be directed at his own mother and sister?

You might think that, now that he's facing two PFA hearings, one of them for contempt, he'd tone it down. After all, he is on six months supervised probation. But he's much too clever for that. He's an almost Mensa.  Last night, after being served with the PFA filed by his sister and mother, Gregory continued posting messages for his ex. Posing as "Harvey", a mythical pooka who can only be seen by an Irishman, he's incredibly asking her to leave him alone.

She's been trying, Jim.