Clock ticking in case
Time is running out for prosecutors to try a Butler man accused of threatening school children with a gun and yelling at them to get off his property at a school bus stop last year.
Timothy J. Krick, 57, and his lawyer, public defender Charles Nedz, asked Judge Timothy McCune to dismiss the case, citing a state law that guarantees a trial must be held within one year of the case's creation. Known as Rule 600, the law states that court cases in which a written complaint is filed against a defendant must be brought to trial within 365 days of the criminal complaint's filing date.
“He made himself available for every trial term,” Nedz said. “I do not believe the commonwealth exercised due diligence in bringing this case to trial.”
But Assistant District Attorney Laura Pitchford blamed the court's jury system for the delay, arguing that over the last few months the county exhausted the monthly jury pool on other cases.
“There are an insufficient amount of jurors,” Pitchford said. “The last three months we've run out of jurors. We've also had a difficulty in scheduling some of our witnesses (in this case).”
Nedz countered that the county holds jury selection monthly, but yet is not trying a high volume of cases.
McCune noted that the law was clear on this matter and said he would issue an order after reviewing the case.
Krick was charged April 27, 2018, with misdemeanor terroristic threats, recklessly endangering another person and two counts of simple assault. City police filed the charges after Krick allegedly threatened children waiting at a Butler Area School District bus stop at the corner of Spang and Morton avenues.
During Krick's preliminary hearing in late May 2018, a father who was sitting near the bus stop with his youngest son testified that he had to attack a gun-wielding Krick before calling 911. Peter Schmitt testified that Krick was walking his dog that day and started yelling at a group of students and adults to get off his property. He further testified Krick went into his house and returned with a rifle.
