Judge declines to drop stalking charges for man
The lawyer for a man accused of harassing a state trooper and his girlfriend over the summer asked a district judge Thursday to drop the majority of his client's charges.
Robert D. Philpot, 58, of Butler is free on $25,000 bond after being charged with harassing a state trooper Aug. 22 at Target in Butler Commons.
On Thursday, Trooper William Nadolsky testified in District Judge Kevin O'Donnell's court that Philpot confronted and threatened Nadolsky while the trooper was shopping for a rug with his girlfriend.
But Philpot's lawyer, Jacob Wyland, questioned why Nadolsky concluded that Philpot meant him harm. Wyland suggested that Philpot was telling the trooper that he planned on appealing a summary traffic court decision that first drew Philpot's ire.
O'Donnell declined to drop any of Philpot's charges.
He faces misdemeanor charges of stalking and retaliation against a victim or witness along with summary charges of disorderly conduct and two counts of harassment. The case will now move to county court.
Philpot's encounter with state police began June 30 when he was pulled over by Nadolsky and another trooper for a traffic violation.
On Aug. 20, Nadolsky and Philpot both appeared at a district court for his summary trial in Saxonburg for the citation. Philpot was found guilty by District Judge Sue Haggerty, a decision that made him “agitated and irate,” police observed.
“I'm not done with you, trooper,” Philpot said to Nadolsky at the hearing, according to a police report.
Haggerty informed state police about the confrontation.
A few days later, Nadolsky and his girlfriend were shopping at Target in Butler Commons. Nadolsky reported that he noticed they were being followed by Philpot.
The trooper and his girlfriend tried to evade Philpot, according to police reports, but he continued to follow them. But during Thursday's hearing, Wyland asked Nadolsky if he knew that Philpot lived near the Target and that his wife worked there.
As the group entered the pharmacy and cosmetics department, Nadolsky's girlfriend turned around and confronted Philpot, the documents said.
“Can you just leave us alone?” Nadolsky's girlfriend reportedly told Philpot.
Philpot responded that he had a right to shop there.
“I'm not done with you, trooper,” Philpot allegedly said again and then aimed what looked like a key fob at the couple and began clicking it. Nadolsky said they left, using a side street to avoid Philpot, who reportedly continued to yell at them.
Wyland asked Nadolsky on Thursday, “Did he make any threats?”
“No,” Nadolsky said.
“So, my client said, 'We'll have our day in court, right?'” Wyland said. “Which is consistent with wanting to appeal the traffic court decision.”
“I didn't know if he had a weapon or not,” Nadolsky said, referring to the key fob.
“We learned in the academy there's all types of weapons, so I didn't know if this key fob was going to shoot at me or what,” Nadolsky said.
In Wyland's closing statement, he argued the facts in the case don't support the majority of charges Philpot faces and that Philpot never actually made any overt threats or indicated that he had a weapon.
“I understand we live in a dangerous world, and I appreciate that these troopers put their lives in danger, but there's nothing here to prove that,” Wyland said.
In Assistant District Attorney Robert Zanella's closing, he pointed out that Philpot has not appealed the traffic court decision. Philpot will be formally arraigned Dec. 10.
