A suspect released on unsecured bail after allegedly assaulting a police officer during a melee has the Upper Darby police superintendent seeing red.
On Sept. 9, township police arrested four Philadelphia women in connection with the brawl.
Police have charged Nichole M. Thompson, 39, with aggravated assault and fighting; Jayann Brown, 22, with making terroristic threats, possession of an instrument of crime and fighting; Agianni J. Melton, 19, with obstruction of law enforcement and fighting; and Malaya T. Moore, 22, with making terroristic threats and fighting.
According to the criminal complaint filed by Detective William GottschK
At 10:08 p.m. Lt. Mike DeHoratius was on patrol in a marked police unit when he observed a disturbance in the parking lot of the Dollar General at 704 Garrett Road.
One person was wielding a baseball bat. The group dispersed, with a male who was seen reaching suggestively into his waistband, fleeing into the store.
DeHoratius followed him into the store, though the officer was delayed when Melton locked the door.
DeHoratius forced his way in and, with additional officers, detained one individual, though Melton again interjected herself by sitting on top of the subject.
Melton then got up and took a fighting stance toward other members of the group involved in the original fight.
At this point, Thompson got into the melee, pulling Melton away as the two fell to the ground.
Two patrol officers intervened and as Thompson stood up, she shoved one, police said. Police attempted to arrest Thompson, however she struggled against attempts to be handcuffed.
After gaining control of the scene, an employee described what led to the brawl.
The employee told police that on Sept. 6 there had been a physical altercation with Moore. On Tuesday night, she returned and threatened to kill the employee.
The following night at approximately 10 p.m., Moore arrived with Brown in their Jeep. Brown exited the passenger side of the Jeep with a baseball bat stating “I’m going to bust your wife’s face in!”
DeHoratius soon got involved and the brawl inside followed. Officers later seized a baseball bat from Moore’s Jeep, which was parked in the Dollar General lot.
The combatants were arraigned before District Judge Elizabeth S. Gallard, who set Brown’s bail at 10 percent of $15,000, which she posted. Moore was held on 10 percent of $10,000, and posted cash bail.
Melton was released on $40,000 unsecured bail and Thompson was released on $75,000 unsecured bail.
The Daily Times has held this story for days attempting to get a comment from the district judge or court administration, but there has been none.
Upper Darby Police Superintendent Timothy Bernhardt called Thompson’s actions inappropriate, a simple dispute escalated with uniformed police officers trying to break up the fight.
“Thompson then chose to get involved, resist arrest, and physically shove a uniformed police officer,” Bernhardt said. “I don’t think so. As I have said before, you are not going to come into Upper Darby Township and put your hands on one of our police officers. If you do, we will arrest you. You will be charged. And you will be prosecuted by our District Attorney.”
Bernhardt was particularly upset about the bail Thompson was given, calling it “a disgrace.”
He pointed out though Thompson lives in Philadelphia she provided a Chester address when providing information to bail officials.
Her bail was set at $75,000 unsecured for a felony charge against an officer.
With unsecured bail no cash is required up front. If the defendant then fails to appear in court, they may then be ordered to pay the unsecured bail amount.
“I believe that sends the wrong message,” Bernhardt said. “It sends a message that you can assault a police officer and walk away. That is not accountability.”
Bernhardt repeated his view that while bail should not be used as punishment, it should be used to address public safety and to assure court appearances.
“When a person is accused of assaulting a police officer, resisting arrest, and fighting with police, police officers and the community have a right to expect that the seriousness of those actions will be taken into account when bail is decided,” the superintendent said. “It sends the worst possible message to anyone who thinks they can put their hands on a police officer. Our officers should not have to wonder if the system has their back after they do their jobs.”
Bernhardt said police officers cannot be told to run toward danger and then sent a message that assaulting them isn’t taken seriously.
“Our officers deserve better,” he said.
The four women are scheduled to appear Sept. 21 before District Judge Harry J. Karapalides for preliminary hearings.
On Sept. 7 in Eddystone, a different suspect was arrested after a scuffle with borough officers and had to post 10% of $25,000.