Police: Man tried to grab officer's gun at station
A 56-year-old man is going to trial on charges he grabbed at an officer's gun while he was locked up in the Lansford Police station.
But the man's lawyer questioned police as to why his client was under arrest in the first place, during a court hearing Wednesday.Brian J. Butler, of Cortright Street, is facing jail time after being charged with attempting to disarm an officer, a felony.At a preliminary hearing on Thursday before judge Casimir T. Kosciolek, officers from Lansford and Coaldale testified that Butler was irate and intoxicated the night of April 22, 2016, when he grabbed at a gun belonging to an officer who was supervising him at the Lansford station.Butler had been arrested for public intoxication after causing a disturbance inside and outside of his home, according to police."When the officers encountered Mr. Butler ... they did not have the probable cause to make an arrest," defense attorney Joseph Nahas said.The officer, Joseph David, said the incident occurred while Butler was locked to a bench in the Lansford Police station. Butler had kicked over a bookshelf, and when David went to pick it up, Butler placed a free hand on his gun.The arresting officer, Shawn Nunemacher of the Lansford Police Department, testified that he didn't see the moment Butler grabbed the gun, but heard David's reaction, as well as Butler taunting him about it just after it occurred.Nahas grilled Nunemacher and David about the circumstances leading to the arrest.Nunemacher was initially dispatched to the house for a disturbance call. He testified that initially he told June Butler he could only arrest her husband if she got a warrant to have her husband involuntarily committed.Nunemacher returned to the house along with David, who was working for Coaldale at the time. They then spotted Butler in a nearby alley, determined he was intoxicated and arrested him."This individual was causing a ruckus inside his house and outside his house. He was intoxicated when they saw him walking up the street," Assistant District Attorney Michael Greek said.Nahas successfully moved to have a charge of resisting arrest against Butler. Police said that he attempted to elbow David while they were arresting him, but there was not sufficient evidence.Butler is out on bail.