Man found guilty of threatening trooper
A Carbon County man was found guilty of threatening a state trooper but not guilty of driving under the influence following a one-day trial Tuesday in the county court.
The jury panel also found Andrea (pronounced as Andre) Mazzella, 48, of Lehighton, and formerly of Jim Thorpe, guilty of persistent disorderly conduct. Judge Steven R. Serfass found him guilty of summary offenses of harassment, public drunkenness and careless driving.The jury deliberated almost 90 minutes before reaching its verdict Tuesday afternoon.Mazzella was charged for an incident on June 9, 2015, along Autumn Lane in Albrightsville, Penn Forest Township.State police at Lehighton were dispatched to the residence for a report of a man violating a protection from abuse order.Trooper Marvin Shair responded and spoke to a woman concerning the PFA violation.Shair testified while he was speaking with the woman, Manzella rode by on a motorcycle. Shair said he got into his cruiser and went after Mazzella, losing sight of him for a few moments. He found the motorcycle parked in a driveway of another residence but Mazzella was nowhere to be found.While at that scene the trooper received a radio dispatch that Manzella had returned to the home.The trooper found Mazzella laying face down in the driveway. Shair said he asked Manzella what he was doing, and he quoted the defendant as saying, “I’m clawing to a new life.” Shair said Manzella’s speech was slurred, his eyes were bloodshot and he smelled of an alcohol beverage.Recorded commentsShair said he tried to give Mazzella a portable breath test but the defendant did not blow into the tube as required. He placed him under arrest for violating the order and for DUI.Shair placed Mazzella in his cruiser to transport him for a blood test and turned on the video recorder and audio recorder.The jury listened to the audio recording in which Mazzella could be heard on the way to the hospital, threatening the life of the trooper and the trooper’s family and making racial slurs. The jury also heard the trooper telling Mazzella to stop spitting in the back seat of the cruiser and eventually stopped to deal with the matter.Shair also said at the hospital while waiting for blood to be drawn, Mazzella told him he had been drinking for seven hours.Prosecutor Assistant District Attorney Joseph D. Perilli asked Shair if he felt threatened by Mazzella’s remarks. “A little bit scared for me and my family,” he answered.Shair said Mazzella’s abusive behavior continued to the hospital, at the hospital and then at the barracks. He said the threats on his life and family continued at the barracks. Shair also said, “He said he was going to blow up the barracks.”Under questioning by defense attorney Matthew J. Mottola of the public defender’s office, Shair said when he followed Mazzella briefly on the motorcycle he was weaving back and forth, but admitted the road had no markings on it because it was in a development.‘Out of anger’In his opening statement, Mottola told the jury that Mazzella’s conduct, the threats and other remarks were said out of anger because of family issues. He said that people often say things in anger but never intend to follow through with them.Mazzella told the jury he didn’t remember making most of the statements heard on the audio recording. He said he was at a custody hearing about 2:30 p.m. before the incident at the home. He said he returned to the home in Albrightsville and admitted yelling at his son for using a computer. He said when his son told him police were called he left the residence and drove to Jim Thorpe and purchased a bottled of liquor. He said he knew he was going to jail for the PFA violation.He said he had stayed since the PFA was issued. He said he had stayed there for at least two weeks before the incident while he was cleaning out a garage area. He also disputed Shair’s testimony that he told him he had been drinking for seven hours and was drinking at a local bar before the incident.Admitted drinkingMazzella said after he parked his motorcycle in the driveway of a relative’s home, he walked back to his house. Before returning to the home he said he drank about three-quarters of the bottle of liquor he had purchased. He admitted being under the influence at the time.He denied he was under the influence when he drove by the home when Shair spotted him, and denied having alcohol at the local bar. Concerning the spitting, he said he was trying to clear his throat due to the alcohol he had consumed.He said he didn’t remember the statements he made to the trooper and said if he did say those things, he never would have done any of the things he said.Mazzella is an inmate in the county prison on the charges and has two other pending cases. He faces charges of aggravated and simple assault, resisting arrest, persistent disorderly conduct and harassment filed by state police at Fern Ridge for an incident on Feb. 7. He also has bench trial scheduled for Friday before Serfass on charges of DUI and three motor vehicle summary offenses filed by Mahoning Township police for an incident on March 9, 2016.Serfass deferred sentencing and ordered the adult probation office to prepare a presentence investigation report. Mazzella was then returned to the county prison.