Cops And Courts – May 27, 2016

Cops And Courts – May 27, 2016
Social Issues Government

No Helmet Leads To Meth Bust

OCEAN CITY — A Pennsylvania man was arrested on possession with intent to distribute methamphetamine last week after getting pulled over for not wearing a helmet while riding a motorcycle and later attempting to hide the drugs from police under his bike’s seat.

A little after 1 p.m. last Friday, an OCPD officer responded to the parking lot of an uptown pub to assist an MTA officer in the resort for Cruisin’ weekend with a traffic stop for a motorcycle operator identified as Kodi Olivencia, 26, of Reading, Pa., operating without a helmet.

A background check revealed Olivencia was wanted on a warrant in Pennsylvania for possession of stolen property. When Olivencia was placed under arrest, he voiced concern about having someone pick up his motorcycle. The officer told him it was on private property and it was up to the property owner to decide if they wanted to have it towed or not.

Olivencia had a drawstring-style backpack under the windscreen of the motorcycle and officers asked if we like to take the unsecured backpack with him. According to police reports, Olivencia was hesitant and asked if the backpack could be placed under the motorcycle’s seat instead. An MTA officer attempted to put the backpack under the seat, but the space was already occupied by a sweatshirt.

When asked if the backpack was okay to stay with the motorcycle, Olivencia allegedly told the officers it had “stuff” in and eventually said there was powder in the backpack, according to police reports. A search of the backpack revealed powder methamphetamine, rock-form meth, a bag of marijuana, four Alpazolam pills, boxes of Ziploc Baggies, a scale and three additional cell phones. Olivencia was arrested and charged with possession with intent to distribute meth and other drugs.

Spinning Wheels Leads To Weapons Arrest

OCEAN CITY — A Pennsylvania man was arrested last week for eluding police and being found with a weapon in his vehicle after allegedly ducking into an alley with his vehicle’s lights off after officers attempted to pull him over for spinning wheels.

Around 11:10 p.m. last Thursday, an OCPD officer on patrol in the area of Coastal Highway and 81st Street observed a 2005 GMC Sierra spinning wheels and causing excessive noise and smoke just north of the intersection. An OCPD officer attempted to initiate a traffic stop, but the driver, later identified as Nathaniel Lybarger, 27, of Silverdale, Pa., quickly traveled up the bus lane and made a right turn onto 82nd Street.

As Lybarger turned onto 82nd Street, all of the vehicle’s lights were turned off and it made a quick right turn into an alleyway near the Bonita Beach Hotel. The officers pursued and were finally able to make a traffic stop. After Lybarger was arrested and placed in the back of a police cruiser, a Bowie knife roughly eight inches long was discovered concealed in a sheath between the driver’s seat and the center console.

When questioned, Lybarger told police he carried the knife in his vehicle for self-defense and was not aware he was not allowed to carry it in Maryland. He was ultimately arrested and charged with fleeing and eluding and carrying a concealed dangerous weapon.

False Fire Alarms

OCEAN CITY — A Pennsylvania man was arrested on false fire alarm charges last week for allegedly pulling two alarms after not being able to get into a midtown condo building.

Shortly after midnight last Friday, an OCPD officer was dispatched to the Meridian on 60th Street in reference to a fire alarm activation. A witness told police a man in a red and white plaid shirt had been pulling on the condo’s double door and became irate when they didn’t open. The witness said the suspect, later identified as Brian Svrjcek, 31, of Stewartstown, Pa., swatted one fire alarm, causing it to break open.

He then swatted a second fire alarm and pulled the handle, triggering the alarm. The witness told police Svrjceck took off his red and white plaid shirt and took off running toward the beach. He was located a short time later and was arrested and charged for false activation of a fire alarm. When asked why he did it, Svrjcek allegedly started crying and told police he was upset that he couldn’t get into his room and that he “shouldn’t have done it,” and “that he [expletive deleted] up.”

Probation, Fine For Disorderly

OCEAN CITY — One of two men arrested on a variety of charges in March after a noise complaint at a mid-town hotel turned into a wild argument and physical confrontation with police and management pleaded guilty this week to disorderly conduct and was placed on probation and fined.

Shortly before 7 a.m. on March 27, Ocean City police responded to the Bonita Hotel at 81st Street for a reported noise complaint that resulted in the eviction of the occupants. The manager told police the front desk had received numerous complaints from other guests about noise from the problem unit. The manager also told police while he was out on the sidewalk, the tenants in the problem unit were yelling obscenities at him.

With the officer escorting him, the manager knocked on the door and told the tenants they were being evicted. The tenants disagreed with the level of noise, but began packing up their belongings. According to police reports, the manager turned on a light in the hallway and opened the bathroom door to see if anybody else was in the room when the OCPD officer observed a male suspect facing the bathroom door as if he was attempting to hide, according to police reports.

The suspect then pulled the door shut, and when the manager opened it again, the suspect began to yell that the manager was opening the door on him while has was urinating and that he was going to file a complaint.

The suspect, later identified a Damian Robinson, 21, of no fixed address, continued to claim he was going to file a complaint, but the officer and the manager allegedly told him he was getting evicted whether he was actually using the toilet or not.  According to police reports, Robinson continued to yell racial slurs at the manager. The officer told Robinson to stop yelling or he was going to be arrested for noise and disturbing the peace. However, Robinson told the officer he couldn’t arrest him for exercising his 5th Amendment Rights. According to police reports, the officer told Robinson he was thinking of the wrong amendment.

By now, Robinson was in the middle of the hallway and continued to yell at the officer and the manager about his alleged unfair treatment. At one point, Robinson moved in front of the door at another unit and told police “their black and I’ma tell them what you said,” and began banging on the door. The OCPD officer told Robinson if one person opened that other door, he was going to be arrested for disturbing the peace. When Robinson continued to bang on the door, the officer observed at least four hotel doors open as people who appeared groggy and irritated by the noise poked their heads out.

The officer then attempted to take Robinson into custody, but the suspect struggled against the effort to handcuff him. When the officer saw Robinson’s friends coming toward him, he disengaged from Robinson, drew his taser, armed it and pointed it at the suspect. At that point, Robinson began to follow the officer’s instructions. Last week, Robinson pleaded guilty to disorderly conduct was placed on probation for one year and fined $500.

Jail For Swiped Credit Card

OCEAN CITY — A Delaware woman arrested for swiping her mom’s debit card and running up transactions last winter pleaded guilty this week to unlawful use of another’s credit card and was sentenced to 32 days in jail and ordered to pay $569 in restitution to the victim.

On Dec. 24, a Delaware woman filed a complaint with the OCPD her daughter had stolen her PNC Bank debit card and some cash had used the card to make several purchases and ATM withdraws over the two days before. The victim told police on Dec. 21, she was at her residence in Delaware arguing with her daughter, identified as Clancy Kelly, 22, of Frankford.

As the argument escalated, the victim called to Delaware State Police to have Kelly removed from the residence. Prior to the Delaware State Police arrival, the victim noticed her purse on the bed and cash missing from her wallet. When Delaware police arrived, the victim told the trooper Kelly had stolen money from her wallet. Kelly was removed from the residence by police and that was the last time the victim saw her daughter.

The next day, the victim noticed her PNC Bank debit card was also missing. The victim went to the local PNC Bank branch and received a hard copy of the transactions posted to her account including a total of six in Ocean City. The transactions included two from the Food Lion in Ocean City along with four ATM withdraws from various locations around the resort all on the same day, December 23. The six transactions that occurred in Ocean City totaled around $569.

On January 7, the investigating OCPD officer followed up at the 7-11 convenience store at 59th Street where one of the ATM withdraws occurred. Using the date and time of the transaction, the officer was able to view surveillance video of Kelly allegedly withdrawing over $160. The officer was able to capture a still shot of Kelly conducting the transaction and emailed the picture to the victim, who identified the suspect as her daughter.

Based on the evidence and testimony, Kelly was charged with 10 total counts including theft under $1,000, theft under $100 and unauthorized use of a credit card. This week, Kelly pleaded guilty to the latter and was sentenced to 32 days in jail. She was also ordered to by $569 in restitution to the victim.