According to probable cause affidavit, one Penndel Borough police officer happened to be in exactly the right place at the right time.
The officer, John Hesdon, advised Middletown Township officers of an intoxicated man who was acting disorderly inside a nearby Wawa. The call to Middletown police came in shortly after 3 a.m. on Sunday when Hesdon advised the township that a Wawa store employee had requested 31-year-old Anthony Rivera be removed from the location
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According to the employee, Rivera appeared heavily intoxicated and began nodding off while standing inside the store at 1528 Trenton Road. When Hesdon took action and requested Rivera walk outside, Hesdon noted the man became belligerent and refused to leave, telling the officer he had ordered food and that he was going to wait for it.
According to court documents, it was then that the Penndel patrolman requested backup from township police.
When Middletown police arrived, they spoke with Rivera’s girlfriend, who noted that he had borrowed her car earlier in the evening to watch the boxing match, but he hadn’t yet returned home. His girlfriend ended her search of him when she noticed her car in the Wawa parking lot, according to court documents.
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It was shortly after that Rivera walked outside to greet them armed with a milkshake in hand.
“F**k you!,” Riviera reportedly told his girlfriend when she asked him to leave with her. “F**k you, I’m not going with you,” he told officers.
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It was then that officers grabbed Rivera in an attempt to take him into custody. According to a probable cause affidavit, he began pushing at the officers, flailing his arms and fighting with officers on the sidewalk in front of the store. The fight continued into the parking lot where Rivera was able to break free. It was then that court documents note that Riviera struck Hesdon in the face and jaw with his elbow.
According to court documents once in the parking lot, Rivera pulled off his sweatshirt, turned and faced both the officers and instructed them to “bring it on”. When officers notified Rivera to comply or he would be Tasered, he reluctantly complied and was taken into custody.
Hesdon was treated at St. Mary’s Medical Center, while Sgt. Michael Lubold suffered cuts to his right hand.
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Rivera was charged with two felony counts of aggravated assault, two misdemeanor counts each of simple assault and resisting arrest, one count of disorderly conduct and one summary charge of public drunkenness in Sunday’s incident. He was arraigned early Sunday morning where his bail was set at 10 percent of $50,000. He awaits a preliminary hearing with District Judge Daniel Baranoski on May 20.
Editor’s Note: All individuals arrested or charged with a crime are presumed innocent until proven guilty. The story was compiled using information from police and public court documents.
