Monday, January 21, 2008

Harlow and Joe's Charges... Spelled Out

As a follow-up to the criminal complaint... I also wanted to list the charges filed against Harlow Cuadra and Joseph Kerekes (since the burglary charges were dismissed, they are not included):

CRIMINAL HOMICIDE
Section 2501(a) of the Pennsylvania Crimes Code
IN THAT, on or about said date, THE DEFENDANT intentionally, knowingly, recklessly or negligently caused the death of Bryan Charles Kocis, another human being, that is to say the defendants were responsible for the victim being slashed across his throat with a cutting instrument, as well as being stabbed twenty eight times, in violation of Section 2501(a) of the Pennsylvania Crimes Code, Act of December 6, 1972, 18 Pa. C.S. 2501(a).

CRIMINAL CONSPIRACY TO COMMIT CRIMINAL HOMICIDE
Section 903(a)(1)/2501(a) of the Pennsylvania Crimes Code
IN THAT, on or about said date, THE DEFENDANT, with the intent of promoting or facilitating the crime(s) of Criminal Homicide conspired and agreed with Joseph Manual KEREKES that they or one or more of them would engage in conduct constituting such crime or crimes or an attempt or solicitation to commit such crime or crimes, and in furtherance thereof did commit the overt act of murdering victim Bryan Charles Kocis that is to say the defendant along with KEREKES did cause the victim to suffer a slash wound to his throat, as well as twenty eight stab wounds to his body, in violation of Section 903(a)(1) of the Pennsylvania Crimes Code, Act of December 6, 1972, 18 Pa. C.S. 903(a)(1).

LIABILITY FOR THE CONDUCT OF ANOTHER, COMPLICITY
Section 306(b)(3)(ii)/2501(a) of the Pennsylvania Crimes Code
IN THAT, on or about said date, THE DEFENDANT did commit the act of Criminal Homicide while being the accomplice of another, namely, Joseph Manuel KEREKES, in the commission of said offense, and did aid or agree or attempt to aid KEREKES in planning and/or committing the offense, in violation of Section 306(b)(3)(ii) of the Pennsylvania Crimes Code, Act of December 6, 1972, 18 Pa. C.S. 306(b)(3)(ii).

ROBBERY
Section 3701(a)(1)(i) of the Pennsylvania Crimes Code
IN THAT, on or about said date, THE DEFENDANT, in the course of committing a theft, inflicted serious bodily injury upon Bryan Charles Kocis, that is to say the defendant did, along with Joseph Manuel KEREKES, slash the victim's throat and stab him twenty eight times, after which the accused removed numerous items from the victim's residence, not having license or privilege to do so, in violation of Section 3791(a)(1)(i) of the Pennsylvania Crimes Code, Act of December 6, 1972, 18 Pa. C.S. 3701(a)(1)(i).

ARSON AND RELATED OFFENSES
Section 3301(a)(1)(i) of the Pennsylvania Crimes Code
IN THAT, on or about said date, THE DEFENDANT intentionally started a fire or caused an explosion or aided, counseled, paid or agreed to pay another to cause a fire or cause an explosion at 60 Midland Drive, Dallas Twp., Luzerne County, Pa., owned by Bryan Charles Kocis causing pecuniary loss in excess of $25000 and thereby recklessly placed responding emergency personnel in danger of death or bodily injury, that is to say the defendant did, in concert with Joseph Manuel KEREKES, intentionally start a fire at aforementioned location for the purpose of criminal destruction of said property as well as the concealment of a crime, in violation of Section 3301(a)(1)(i) of the Pennsylvania Crimes Code, Act of December 6, 1972, 18 Pa. C.S. 3301(a)(1)(i), as amended.

ARSON AND RELATED OFFENSES
Section 3301(a)(1)(ii) of the Pennsylvania Crimes Code
IN THAT, on or about said date, THE DEFENDANT intentionally started a fire or caused an explosion or aided, counseled, paid or agreed to pay another to cause a fire or cause an explosion for the purpose of destroying or damaging an inhabited building or occupied structure of another, namely 60 Midland Drive, Dallas Twp., Luzerne County, Pa., owned by Bryan Charles Kocis causing pecuniary loss in excess of $25000 that is to say the defendant did, in concert with Joseph Manuel KEREKES, intentionally start a fire at aforementioned location for the purpose of criminal destruction of said property as well as the concealment of a crime, in violation of Section 3301(a)(1)(ii) of the Pennsylvania Crimes Code, Act of December 6, 1972, 18 Pa. C.S. 3301(a)(1)(ii), as amended.

THEFT BY UNLAWFUL TAKING OR DISPOSITION (Movable Property)
Section 3921(a) of the Pennsylvania Crimes Code
IN THAT, on or about the said date, THE DEFENDANT unlawfully took or exercised unlawful control over movable property of another, namely, two computer towers, a laptop computer, a Rolex watch, two video cameras, and multiple business records or the victim having a value in excess of two thousand dollars belonging to Bryan Charles Kocis with the intent to deprive the owner thereof, that is to say the defendant did remove aforementioned items from the victim's residence having not the license or privilege to do so, in violation of Section 3921(a) of the Pennsylvania Crimes Code, Act of December 6, 1972, 18 Pa. C.S. 3921(a).

TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE
Section 4910(1) of the Pennsylvania Crimes Code
IN THAT, on or about the said date, THE DEFENDANT, believing that an official proceeding or investigation, namely, Homicide Investigation was pending or about to be instituted, altered, destroyed, concealed or removed, the victim's body as well as the scene of the victim's death, as well as numerous items from within the victim's residence with intent to impair its verity or availability in such proceeding or investigation, that is to say the defendant did burn the victim's body as well as the scene of the victim's murder, as well as remove and subsequently destroy multiple items of evidence which would have been found within the victim's residence, in violation of Section 4910(1) of the Pennsylvania Crimes Code, Act of December 6, 1972, 18 Pa. C.S. 4910(1).

ABUSE OF CORPSE
Section 5510 of the Pennsylvania Crimes Code
IN THAT, on or about the said date, THE DEFENDANT, without authorization of law, treated the corpse of Bryan Charles Kocis in a way that the defendant knew would outrage ordinary family sensibilities, that is to say the defendant did stab the victim twenty eight times after his death, and did burn his body, in violation of Section 5510(1) of the Pennsylvania Crimes Code, Act of December 6, 1972, 18 Pa. C.S. 5510(1).

CRIMINAL CONSPIRACY TO COMMIT ROBBERY
Section 903(a)(1)/3701(a)(1)(i) of the Pennsylvania Crimes Code
IN THAT, on or about the said date, THE DEFENDANT, with the intent of promoting or facilitating the crime(s) of Robbery conspired and agreed with Joseph Manuel KEREKES that they or one or more of them would engage in conduct constituting such crime or crimes or an attempt or solicitation to commit such crime or crimes, and in furtherance thereof did commit the overt act of theft by inflicting serious bodily injury to the victim that is to say the defendant did in conjunction with accused KEREKES slash the victim's throat and did subsequently commit a theft of the victim's property, in violation of Section 903(a)(1) of the Pennsylvania Crimes Code, Act of December 6, 1972, 18 Pa. C.S. 903(a)(1).

CRIMINAL CONSPIRACY TO COMMIT TAMPERING WITH OR FABRICATING EVIDENCE
Section 903(a)(1)/4901(1) of the Pennsylvania Crimes Code
IN THAT, on or about the said date, THE DEFENDANT, with the intent of promoting or facilitating the crime(s) of Tampering with or Fabricating Physical Evidence conspired and agreed with Joseph Manuel KEREKES that they or one or more of them would engage in conduct constituting such crime or crimes or an attempt or solicitation to commit such crime or crimes, and in furtherance thereof did commit the overt act of destroying evidence pertinent to a Homicide investigation that is to say the defendant did in conjunction with accused KEREKES destroy multiple items of evidence as well as burn the victim's body and attempt to destroy the scene of the victim's homicide, in violation of Section 903(a)(1) of the Pennsylvania Crimes Code, Act of December 6, 1972, 18 Pa. C.S. 903(a)(1).

CRIMINAL CONSPIRACY TO COMMIT ARSON
Section 903(a)(1)/3301(a)(1) of the Pennsylvania Crimes Code
IN THAT, on or about the said date, THE DEFENDANT, with the intent of promoting or facilitating the crime(s) of Arson conspired and agreed with Joseph Manuel KEREKES that they or one or more of them would engage in conduct constituting such crime or crimes or an attempt or solicitation to commit such crime or crimes, and in furtherance thereof did commit the overt act of arson, that is to say the defendant did, along with accused KEREKES, set fire to the victim's residence for the purpose of criminal destruction of said property as well as the concealment of a crime, in violation of Section 903(a)(1) of the Pennsylvania Crimes Code, Act of December 6, 1972, 18 Pa. C.S. 903(a)(1).

CRIMINAL USE OF COMMUNICATION FACILITY
Section 7512(a) of the Pennsylvania Crimes Code
IN THAT, on or about the said date, THE DEFENDANT used a communication facility to commit, cause or facilitate the commission or the attempt thereof of the crime of Criminal Homicide and Burglary, which constitute a felony as defined by this Title 18, in violation of Section 7512(a) of the Pennsylvania Crimes Code, Act of December 6, 1972, 18 Pa. C.S. 7512(a).