'Rap battle' charges moving through courts
SLIPPERY ROCK TWP — A Westmoreland County man and his girlfriend will be heading to county court after assault and escape charges were bound over during a preliminary hearing Wednesday.
The hearing, which was held before District Judge William O'Donnell, determined that enough evidence existed to bind felony counts of aggravated assault, terroristic threats and escape, as well as misdemeanor counts of simple assault, reckless endangerment, resisting arrest and disorderly conduct, and a summary charge of harassment against Nicholas J. Lucia, 23, of Mount Pleasant, Westmoreland County.
O'Donnell also bound over a charge of felony hindering apprehension and a summary charge of underage drinking against Lucia's girlfriend, Chloe V. Ketterer, 20.
The victim, Slippery Rock University student Brandon C. Pollice, 21, testified Wednesday that he was assaulted during a “rap battle.”
He said while attending a party, he engaged in a rap battle when Lucia hit him in the face, knocking him to the ground.
“The next thing I remember is me waking up in a hospital the next morning,” Pollice said.
Pollice said when he awoke in UPMC Presbyterian Hospital in Pittsburgh, he learned that he had been taken by ambulance to Grove City Medical Center, where he was then flown by helicopter to UPMC with a concussion and a broken nose, which requires a pending surgery in December to reset.
Trooper Richard Giustini of the State Police testified that troopers were called to a large fight at The Heights along Route 173 in Slippery Rock Township, an off-campus apartment complex, and when they arrived there was a group of students attempting to help Pollice, who was lying unconscious outside an apartment door.
Giustini said several witnesses told police that Lucia became angry and punched Pollice in the face after a disparaging comment during the “rap battle” made by Pollice.
The punch knocked Pollice backward, causing his head to hit the ground and knock him out, and witnesses reported that Lucia then jumped on Pollice and hit him several more times, Giustini said.
Police said that after fleeing, Lucia broke a window at an apartment on nearby Stillwater Lane where he got into an argument with 20-year-old Joseph Bojanic.
Giustini said Lucia threatened to kill Bojanic, pulling a gun from a vehicle and waving it in the air.
Ketterer, who was at both incidents, drove Lucia back to her apartment at University Village in Slippery Rock Township, Giustini said.
Once they were identified, police went to the apartment and tried for 20 to 30 minutes to get the occupants to answer the door, before forcing their way in using a security guard's key. Both Lucia and Ketterer were found inside.
Police said Ketterer, an SRU student, smelled of alcohol and admitted to drinking.
Following his arrest, documents said, Lucia was placed in the back of a cruiser. But while handcuffed, he managed to get his hands out from behind his back and crawl into the front seat, where he attempted to open the passenger door and escape, Giustini testified.
A search of Ketterer's vehicle and a cursory search of the apartment did not turn up a firearm, Giustini said.
Lucia's attorney, Michael Carland, argued that the Commonwealth had not met the burden of proof for the aggravated assault charge, saying that one punch doesn't constitute aggravated circumstances, no firearm was recovered so the threats charge should be dismissed and the escape charge burden wasn't met because no testimony was offered stating that Lucia had exited the vehicle instead of simply attempting to do so.
Ketterer's attorney, Stephen Misko, argued that there was no evidence presented that Ketterer was a witness or participant in any part of the incident and was not hindering apprehension by simply providing transport to Lucia.
Assistant District Attorney Russell Karl argued that all charges had been met for both defendants.
Lucia remains free after posting $50,000 bail, while Ketterer was released on $3,000 bail.
