Charges dismissed in Clinton Township stalking case
SAXONBURG — Charges were dismissed Tuesday after neither witnesses nor the alleged victims appeared for a preliminary hearing for a New Kensington man charged with stalking a woman and a man.
District Judge Jack D. Ripper dismissed misdemeanor charges of stalking, terroristic threats, simple assault, reckless endangerment, two counts of harassment; and two summary counts of harassment that state police filed against Ethan T. Birch, 24.
Defense attorney Benjamin Levine requested the dismissal when no witnesses or alleged victims appeared for the hearing.
Ripper waited about 10 minutes after the scheduled time of the hearing to give the witnesses or victims time to appear and dismissed the charges after none showed up. He said the charges can be refiled.
Police said they were contacted for reports of harassing text messages being sent to a man by Birch. Police said the man hosted a birthday party for a child that was attended by Birch’s ex-girlfriend.
After the party, police said the man began receiving voice and text messages from Birch. Police viewed the messages on the man’s phone and attempted to contact Birch from the phone. Police said Birch refused to answer phone calls and continued sending threatening messages to the man.
According to the affidavit, the man contacted police the next day and said he heard a large popping sound outside the residence the night before that sounded like a gun shot. The man received a message from Birch about 20 minutes later with a photo of him carrying an AR-15-style firearm and other threatening messages, police said.
Two days later, another gun shot went off near the man’s residence as a woman was entering his home, according to the affidavit.
Police also spoke with the woman’s employer in Armstrong County for more information. The employer uses an online check-in system for guests to notify the business when they arrive. Police said Birch had also used the check-in system multiple times to create the appearance of increased wait times.
