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Hearing waived in assault on officer

Published January 30. 2020 12:12PM

A Northampton man charged with assaulting a Lehighton police officer on New Year’s Day waived his right to a preliminary hearing Wednesday, sending the case directly to common pleas court.

Joseph James Bennett, 29, signed the waiver at Magisterial District Justice Eric Schrantz’s office in Jim Thorpe.

Bennett faces charges of aggravated assault; resisting arrest; disorderly conduct; learner’s permit violation; and unlawful activities.

Background

According to charging documents, Lehighton patrolman Bruce Broyles pulled over Bennett’s vehicle in the borough due to a suspected window tint violation.

Bennett, who was driving the vehicle, said he didn’t have any documents relating to him or the vehicle, but eventually produced a Pennsylvania learner’s permit that stated he was not permitted to operate a motor vehicle without being accompanied by a licensed driver aged 21 or older.

Bennett acknowledged he was aware he was not supposed to be driving, and was asked to get out of his car.

Broyles asked officer Joel Gulla to pat Bennett down for safety purposes, but Bennett immediately reached to his waist.

Gulla ordered Bennett to keep his hands visible and asked if he had any weapons.

Bennett said he had a knife, and again reached toward his waist, but police told him not to reach for anything.

Gulla began to reach for the pocket Bennett said the knife was in, but Bennett backed away and said he could not be searched, though Gulla said he was able to perform a pat-down for weapons.

Broyles opted to detain him until the investigation had concluded. He asked Bennett to turn away from him and place his hands behind his back.

Bennett pulled his arms away and locked his arms to prevent Broyles from placing his hands behind his back.

Throughout the struggle, Bennett elbowed Gulla in the face. Gulla performed a counterstrike to Bennett’s head.

Bennett continued to pull away from police while they attempted to place him in handcuffs.

Broyles advised Bennett he was now under arrest, but he continued to fight while police tried to place him in handcuffs.

Broyles used his elbow and struck Bennett’s back, and handcuffs could eventually be applied.

Bennett was transported to St. Luke’s Lehighton Campus.

While inside the emergency room, Bennett screamed vulgarities and obscenities.

Next Step

Bennett remains free on $150,000 unsecured bail. According to court documents, local attorney Matt Rapa is representing him.

He is scheduled to appear in Carbon County Court for a formal arraignment at 10:30 a.m. on Feb. 27.

Comments
I do not have any tolerance for an assault on anyone especially police officers or any persons serving the public interest. BUT, and I repeat BUT!! A "suspected" window tint violation!!! I'm sure the officer had with him at the time of the "suspected violation" a tint meter to immediately check its legality? Or was he prepared to have a meter brought to the scene for a summary offense requiring detaining a person for an unreasonable amount of time. If I was RAPA my first question would be, "how many times in your career have you stopped a vehicle for this violation on its own merit?" Given that many vehicles have displayed a level of tint on their windows, even legal tint, he must be a very busy person stopping many vehicles during his shift for tint violation. However, regardless of the reason for the stop, even if bullsh!#, Bennett needs to answer for his conduct! Lets keep level of enforcement above minimum standards. The vehicle code has many more moving violations that contribute to road rage that can keep an officer busy all day. If tint is a secondary offense, I know it not listed as one in the VC, then I can support this enforcement. But take into account many officers if not all have friends and family who have tinted windows and are not cited by them personally for this offense. I'm sure the officer also recorded the inspection station information, given the actual cite for unlawful activities, and will file a complaint with PennDOT, as any non-bias officer (towards window tint) would do, given the nature of this terrible violation.

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