MEDIA COURTHOUSE >> The commonwealth has withdrawn charges against two members of the Pagan’s Motorcycle Club for an alleged assault against a fellow club member in April.
Assistant District Attorney Christopher DiRosato told Delaware County Common Pleas Court President Judge Kevin F. Kelly that he was unable to secure the presence of the complaining victim – though he noted the charges were initiated more by police – and was therefore withdrawing charges against 48-year-old Brion Phillips and Joseph E. Meehan, 44, of Ardmore.
Phillips and Meehan were charged with conspiracy, harassment, and aggravated and simple assault for the April 13 incident that resulted in Phillips being shot in the leg. Meehan was also charged with reckless endangerment.
A third club member was also initially charged, but those charges were dropped at the magisterial district judge level.
Upper Chichester police were dispatched to the 300 block of Laughead Avenue at about 10:25 p.m. April 13 for a report of a subject down with a gunshot wound. Phillips was found at the scene with a gunshot to the leg and was taken to Crozer-Chester Medical Center for treatment.
None of the defendants spoke with police, but the incident was captured on the victim’s home surveillance system and investigators were able to positively identify the suspects using that video, according to police.
The video shows Phillips, Meehan and a third individual entering a shed in the driveway of the Laughead Avenue residence, according to an affidavit of probable cause. A fight can be seen taking place and the third individual can be seen running down the driveway toward the street, according to the affidavit.
Meehan is allegedly seen stepping out of the shed with Phillips limping out behind him. The victim can also be seen exiting the shed with a firearm in his hand, according to police.
The video showed the victim raising the firearm and firing a round at Meehan, who then tackled the victim to the ground, the affidavit states. Phillips and Meehan wrestled the firearm off the victim and Meehan struck the victim in the head multiple times with the gun, according to the affidavit.
The victim has a permit to carry a firearm and no charges were filed against him.
Defense attorney Mark Much, representing Phillips, moved to quash the charges during a July 17 hearing. DiRosato indicated at that time that the victim had not cooperated with police and was not at the preliminary hearing. He said at least some of the video was shown at the prelim, however, and he intended to show the full video and subpoena the victim for a hearing on the motion to quash, if necessary.
When efforts to bring the victim to court failed, however, DiRosato instead moved to withdraw all charges against both men. Meehan, represented by attorney Keith Garrity, had been scheduled for trial Sept. 9.