DA’s office appeals judge’s decision in Ondra case
The Washington County district attorney’s office has filed a notice of appeal to state Superior Court in a case of alleged child luring that was dismissed recently by a Common Pleas Court judge.
The filing with the clerk of courts is the first step in an appeal of a ruling last month by Judge Gary Gilman in the case of Jan Ondra, 67, of South Strabane Township.
Gilman determined authorities failed to establish enough evidence to warrant prosecuting Ondra for attempting to lure a child into his van nearly a year and a half ago in Clarksville.
Ondra’s attorney maintained his client was asking the girl in June 2019 if there was an adult at her home with whom he could speak about property he was considering purchasing in the neighborhood.
After a hearing over the summer, the judge determined the interaction between Ondra and the child did not rise to the level of criminal conduct.
The law regarding child luring has exceptions for a third party acting with the consent of a guardian, or a child in need of assistance. Gilman wrote neither of those applied in the Clarksville incident, so he focused solely on whether the prosecution had enough evidence to go to trial, ultimately determining it did not.
The judge noted the district attorney’s office determined the child was 23 feet away from the van when Ondra spoke to her, and no physical contact occurred; nor did the driver have a weapon.
When no adult came out to speak with him, Ondra drove away and spoke with a neighbor who answered his real estate questions, but police were notified of the incident.
As an initial filing, the notice of appeal is not required to specify what aspects of the Common Pleas Court decision the prosecution claims were made in error.