Man released to house arrest
Following a hearing in Butler County Court on Tuesday, a Penn Township man charged in several cases — including several felony firearms charges — was released from jail pending trial.
Judge William Shaffer issued the order releasing Shawn E. McDonell, 37, to house arrest with electronic monitoring by the Butler County Adult Probation Office following argument that McDonell had been held in the jail in excess of time set forth in state law regarding pretrial incarceration.
The law states that “except in cases in which the defendant is not entitled to release on bail as provided by law, no defendant shall be held in pretrial incarceration in excess of 180 days from the date on which the complaint is filed.”
According to McDonell's attorney, Public Defender Joseph Smith, he has been incarcerated for 202 days. According to prison officials, McDonell was released Wednesday.
He was also ordered to continue to participate in mental health treatment after his release.
Shaffer previously denied the motion for bail reduction on May 2, which followed a judicial acquittal of five counts of felony possession of a prohibited firearm, which were tossed by Shaffer during a jury trial on April 19.
Penn Township Police had charged McDonell with illegally possessing two AK-47-style rifles and several handguns in July 2016. Shaffer determined that a previous felony conviction in Virginia did not meet a felony statute in Pennsylvania, which had been argued by the prosecution, and therefore McDonell was allowed to possess the firearms in the state.
He was held on $50,000 bond on that case, charged on July 4, 2016, as well as $50,000 on another July 20, 2016, firearms case. McDonell is also facing a simple assault case against him, where the victim is listed as his wife, after an alleged incident on July 1, 2016.
In the previous bail reduction attempt, Assistant District Attorney Terri Schultz argued that because McDonell's wife is the victim in that case, she was concerned regarding McDonell's living situation and the no contact provision inherent in that case. Smith told the court that McDonell's wife has since vacated the Penn Township home, which is still available to McDonell to live.
McDonell is also facing charges stemming from allegations that he deliberately drove his pickup truck toward a tent at a church picnic in Clinton Township, also on July 1.
McDonell is scheduled for a June 5 status conference on those cases.
