No burglary charge for man accused of trespass
A felony burglary charge was withdrawn against the man accused of walking around the construction zone of Carmichaels Area High School earlier this month with a penknife and bottle of vodka, although he will stand trial on three other misdemeanor charges.
Joseph P. McKenzie waived to court charges of weapons possession on school property and public drunkenness, while a trespassing charge was reduced to a misdemeanor during his preliminary hearing Thursday afternoon before District Judge Glenn Bates.
McKenzie, 30, of Nemacolin, was arrested April 7 after a janitor noticed him walking in the hallways about 8:30 p.m. and motioned for him to leave through a nearby exit, Cumberland police said. The janitor and another school employee later saw McKenzie enter a door near the auditorium, police said, and he was arrested after climbing down from a ladder to the roof.
His defense attorney, Michael Bigley, said McKenzie had consumed half a bottle of vodka when he walked by the school and went inside.
McKenzie is a Carmichaels alumnus and Bigley said he was “curious” about the progress of the renovations. School officials previously said one door was left propped open near the auditorium that is under construction.
The burglary charge was removed because McKenzie did not have intent to commit a crime inside, Bigley said. He added the penknife McKenzie was in possession of had a three-inch folding blade that he typically carried in his pocket.
“Because it was at school after hours, I understand why (police) did not want to decriminalize the penknife charge at this time,” Bigley said.
Bigley said McKenzie did not know the janitor was ordering him to leave when they first encountered each other.
During the hearing, Bates changed McKenzie’s $15,000 bond to unsecured, and he was expected to be released Thursday night from the Greene County jail where he’d been staying since his arrest. Bates set a condition that McKenzie must seek treatment for substance abuse while free on bond.
McKenzie’s formal arraigned has not yet been scheduled.