Washington man convicted on dismissed charge wins appeal, but judge sends him back to prison
A jury trial focusing on domestic violence allegedly committed by a Washington man several years ago wrongfully included a charge of resisting arrest that had been previously dismissed, an appellate court ruled recently.
Pennsylvania Superior Court sent the case of Ronald Patterson, 59, back to Washington County Court for resentencing to exclude the charge that was dropped.
Pittsburgh attorney Timothy J. Lyon Thursday asked Judge Gary Gilman to consider probation or parole from the State Correctional Institution-Fayette, where Patterson has been serving a sentence of 5½ to 11 years imposed in January 2015.
Assistant District Attorney Kristin Clingerman told the judge the sentence was appropriate, except for the resisting arrest charge, because “this was a case where the victim suffered multiple injuries over an extended period of time over and over and over again.” She also noted Patterson’s long criminal history.
“It should never have happened,” the judge said of the error.
Patterson also addressed the judge, saying, “It would have been a different outcome at trial if this evidence had not been presented” on the resisting arrest count.
For aggravated assault and two counts of simple assault, Gilman sentenced Patterson to 4 years, 9 months to 9½ years and ordered he have no contact with the victim.
Patterson was accused of attacking and beating Deborah Zgorzeliski of Washington June 1, Aug. 28 and Dec. 20, 2013, and stood trial in October 2014.
In court Thursday, Patterson disputed the seriousness of her injuries. The judge informed him of his appeal rights, but told the defendant he cannot continue to litigate matters the Superior Court already decided.