Other four removed from house arrest

            One of the five students arrested by the Quakertown Borough police had two felony charges dismissed last week. Eventually, two other misdemeanor counts will be expunged, according to his defense attorney.

            The cases against the remaining members of the Quakertown Five will continue in Bucks County Juvenile Court. Last week, the other four were removed from house arrest, according to two lawyers involved in the case.

            All five Quakertown Community High School students arrested last month appeared before Common Pleas Court Judge Jeffrey L. Finley. The judge continued the adjudication hearing against the remaining defendants until the middle of next month, according to Ettore "Ed" Angelo, a Quakertown attorney defending a 15-year-old girl arrested after the melee.

            Last week, the Easton attorney representing a 16-year-old boy arrested Feb. 20 following a physical altercation with borough police at the intersection of Front and Juniper streets during a student-led protest of the actions of the U.S. Immigration and Customs Enforcement thanked the prosecution.

            In a March 18 email message, Don Souders lauded District Attorney Joe Khan and, most importantly, Assistant District Attorney Jessica Frost, "for their empathetic and objective approach" to his client's case.

            Two days later, the judge officially dismissed two felony charges against the boy, ending the adversarial aspect of his criminal case, according to Souders. The lawyer said Finley also approved an order diverting the remaining two non-felony charges, including a disorderly conduct count, out of the juvenile judicial system.

            The consent decree – made through an agreement with the DA that does not include an admission of guilt – allows the remaining charges to be dismissed and, ultimately, expunged, after the boy successfully completes six months of probationary supervision and 20 hours of community service, according to Souders.

            While he couldn't address why the DA chose to offer his client the deal, the lawyer said it was likely a combination of multiple mitigating circumstances, such as the high school junior's lack of a prior record, his involvement with the community and regular attendance at a local church and his employment.

            The defense attorney claimed previously that the 16-year-old suffered lower back and hip injuries in the melee. The lawyer also said the boy removed shards of glass – from the spectacles he was wearing during the incident – from his eye.

            Souders described his client's role in the incident as tangential. The lawyer quantified the charges of felony aggravated assault and improper physical contact with the police chief against the boy as excessive, and house arrest as unnecessary.

            Over the weekend, Souders said he suspects that cases for two or three other students will be settled similarly. He described every case as "a little bit different."

           According to Angelo, prosecutors withdrew charges of felony aggravated assault and misdemeanor simple assault against his client, a 15-year-old girl. He said charges of resisting arrest, a misdemeanor, and disorderly conduct remain.

            "That certainly lowers the ante," Angelo said.

            Police arrested five students and one adult during the incident in front of Sunday's Deli & Restaurant, located at 44 Front St., after responding at 11:35 a.m. on Feb. 20. According to a news release issued later that day, a portion of participants – who initially marched along 5th and Broad streets – engaged in disruptive and unsafe behavior, prompting police intervention to protect public safety and maintain order.

            Police on the scene claim to have repeatedly warned the protesters to remain out of traffic to ensure public safety. As the protest reached East Broad Street, some participants began engaging in disruptive behavior, including throwing snowballs at vehicles, kicking cars and damaging property, such as tearing a side mirror from a car, according to the police statement. It states that the officers "issued additional warnings to maintain civil [behavior]."

           A few seconds later, a man – believed to be police Chief Scott McElree – in a long-sleeved, light brown shirt pushes through the crowd and appears to grab a student standing near the deli entrance.

            Video from the incident on the sidewalk at the intersection of Front and Juniper streets shows the man tackling and choking a girl. The video shows several students punching him in the head.

            Municipal authorities took five or six juveniles and one adult into custody. The girl placed in the chokehold was charged with felony aggravated assault, according to her attorney Timothy Prendergast.

            Angelo, whose client is accused of punching McElree on his shoulder, claims he keeps inquiring with the district attorney's office regarding its investigation into the actions of the Quakertown police and the chief, who was placed on workers' compensation leave. The lawyer said the office has not responded.

            "It would be hard for me to recommend any settlement to my client prior to understanding [the result of the investigation]," Angelo said.