A Bristol Borough councilman had a summary charge of harassment dismissed during a trial this week.
Councilman Tony Devine was charged with harassment in October by borough police after an encounter with a business owner.
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During a roughly two-hour-long trial on Tuesday afternoon, District Judge Frank Peranteau Sr. dismissed the summary charge.
The charge stemmed from a months-long dispute between a neighbor and a business owner along Market Street. The building is owned by Bristol Borough Council President Ralph DiGuiseppe, but he does not operate the business.
Devine and the neighbor of the Market Street business were both charged with harassment after police were called. The case against the neighbor is pending, according to court dockets.
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Devine and the business’ neighbor both pleaded not guilty.
Summary offenses in Pennsylvania are the least serious criminal offenses. The most serious sentence could be up to 90 days in jail and a fine up to $300, but most people charged with summary offenses face much less serious punishments.
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In court, the business owner testified that Devine intervened due to the neighbor dispute and made comments about how the council president was offering the business “special favors,” which the business owner denied. The conversation lasted about 20 minutes and ended with the two shaking hands and parting ways.
The business owner said she was “very upset” over the neighbor dispute. She also testified that Devine appeared to be a loud speaker who talked with his hands but he didn’t make any threats to her.
On the stand, the business owner said she had struggled to keep the business afloat during pandemic restrictions and had issues with some nearby residents.
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Assistant District Attorney Jose Perez noted during the case that the dispute did not occur in Devine’s elected ward, but the district judge said he has come to understand that council members represent the whole borough.
Before dismissing the charge against the councilman, Peranteau said the business owner appeared to be a “strong woman” and testimony didn’t give him the impression that the council member harassed her.
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“The good people of Bristol respect and support Councilman Devine. He is truly the epitome of what a public servant should be. Tony always does the right thing. He supports the downtrodden and the public at large over self-interest. He supports ethical conduct. I am extremely proud of Councilman Devine,” said Lou Hornstine, the attorney who represented Devine. “It was a privilege to represent him. My respect to the court for its swift and fair verdict of not guilty.”
Outside the courthouse, Devine said he was glad the charge was dismissed but it was “disheartening” that he was charged at all. He said residents often go to members of council for assistance.
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Devine has spared with DiGuiseppe and other council members over the years during meetings.
Editor’s Note: Lou Hornstine has served as an attorney for LevittownNow.com and its parent company but has no editorial influence over news articles published.
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