Nov 12, 2020 3 min read

A Washington County judge ruled that authorities failed to establish enough evidence to warrant prosecution of a Washington area man for attempting to lure a child into his van nearly a year and a half ago in Clarksville.

A charge of interfering with child custody against Jan Ondra, 67, of South Strabane Township, was also dismissed last week by order of Judge Gary Gilman.

The judge observed in a footnote to an 11-page decision, “While many adults may consider the defendant’s behavior to be socially questionable/unacceptable (anecdotally, some might use the word ‘creepy,’) it does 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 that 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 circumstances unfolded June 20, 2019, as Ondra, who is in the real estate business, was driving around and looking at about a dozen properties to be sold for nonpayment of taxes.

In Clarksville, he was interested in one on Taylor Avenue, and he wanted to know if there was public sewerage in the neighborhood.

When interviewed by police, Ondra said he saw children outside a Clark Street home, asking the two youngsters, a boy and a girl in the front yard, if their mother or father was at home.

Gilman noted that the district attorney’s office determined the child was 23 feet away from the van when Ondra spoke to her.

Ondra claimed he wanted to speak to an adult to find out if there was a local sewer system. The children ran into to the house, and when no adult immediately emerged, he drove away and made his inquiry to an adult who was sitting on a porch.

The neighbor pointed out a manhole cover, and Ondra was continuing to check tax-delinquent properties when Centerville Police Chief Jeffrey Barone intercepted his van.

Does a single statement without any additional action substantiate a lure? Gilman queried in his examination of the legality.

The 10-year-old girl was about to step onto the front porch when she alleged the van driver said to her, “Come on, I’m gonna take you home to your daddy.”

There was no physical contact between Ondra and the girl or repeated entreaties, and the child on the porch was able to quickly run into her home and alert her mother, Gilman determined.

The judge also noted there had been no testimony that Ondra made a motion toward the child or opened the door of his vehicle. He had no weapon, nor did he make a threatening gesture.

Ondra’s attorney, Jack Connor of Uniontown, who had characterized the encounter as a tragic mistake, declined comment Wednesday.

Washington County District Attorney Gene Vittone said, “We are reviewing the Ondra decision and may appeal if it is merited.”