Zaborowski's plea withdrawl denied
A Butler man, sentenced to 11 months and 15 days in county prison, was denied a plea withdrawal in Butler County Court on Monday.
Joseph W. Zaborowski, 49, attempted to withdraw his plea after sentencing, but the motion was denied by county Judge William Shaffer.
Zaborowski's attorney, Joseph Hudak, argued that he and his client were under the impression that following sentencing on March 23, a state parole violation case in which Zaborowski was being detained would have no further action taken.
But after the sentence, the state parole board revoked Zaborowski's parole and sentenced him to “a large amount of additional incarceration.”
Zaborowski pleaded guilty to misdemeanor driving under intoxication, simple assault, fleeing or attempting to elude law enforcement and summary driving with a blood-alcohol content greater than 0.02 percent on a suspended license. He was sentenced to 11 months and 15 days to 23 months in county prison, as well as 18 months probation, $1,500 in fines and 100 hours of community service.
“We were very pleased with the plea bargain reached in this case; however, Mr. Zaborowski was detained on a state parole case,” Hudak said. “Prior to the pleas the state cleared the detainer and we were under the understanding that the state was not interested in violating him on this new case. He would not have entered the plea if he knew that was going to happen.”
Zaborowski testified that he was informed that the state had cleared the detainer on Jan. 23 and was “notified by the records officer that the state had closed interest in the case and shouldn't be a concern after the plea.”
“I agreed to the plea because I thought it would have no effect on my state parole,” he said. “I felt confident everything was going to go that way, with no additional time.”
Assistant District Attorney Benjamin Simon asked Zaborowski if he had discussions with the state parole board about the case, to which he said he had not. But he was informed by the prison records officer that it would not be a problem.
“I expressed concern, but was under the impression it was handled,” Zaborowski said. “I thought it was a dead issue.”
Zaborowski asserted the issue had been part of the discussion, but Simon refuted that assertion, telling the court that the only discussion regarding the plea was a deal in another associated case, where Zaborowski was charged with theft and pleaded to a misdemeanor.
“He got a better deal post sentence in that case as the officer allowed him to plea to a misdemeanor 3 for the theft case to run concurrent,” he said.
Simon argued that no “manifest injustice” was present and the plea withdrawal should be denied.
“Mr. Zaborowski's misbelief or misunderstanding that he was not going to be violated is not grounds for manifest injustice,” he said.
Shaffer issued the ruling later Monday, which denied the motion, but Zaborowski could appeal the decision to the Superior Court of Pennsylvania.
Zaborowski was initially charged with felony aggravated assault, misdemeanor fleeing or attempting to elude police, DUI, simple assault and reckless endangerment, and several summary traffic violations after an incident on May 30, 2016, as a result of a high-speed chase where a train narrowly missed hitting a trooper's cruiser.
Police said Zaborowski intentionally stopped his pickup truck just over the railroad tracks near Saxonburg Boulevard and Deer Creek Road in Clinton Township while a train was heading directly at the stopped patrol vehicle.
The pursuing officer, Trooper Jason Frances — with only seconds to spare — managed to drive around the truck to avoid almost being struck by the train, police said.
The chase then resumed, and Zaborowski ran into a wooded area. He was later arrested at a home on Saxonburg Boulevard. Police said he appeared intoxicated and reeked of alcohol.
Officers initially responded to a report of a man stealing tires and rims in the 1100 block of Saxonburg Boulevard. Zaborowski was identified as the suspect, and the chase began, police said.
