Attorney files 'double jeopardy' dismissal motion involving pursuit through multiple jurisdictions

Feb. 22—WILKES-BARRE — An attorney for a Centre County man accused of fleeing Duryea police and Plains Township police in motorcycle pursuits the same day is attempting to have the criminal case dismissed citing double jeopardy.

Jonathan Cardona, 33, last known address as Rockview Place, Bellefonte, pled guilty to a non-criminal disorderly conduct citation filed by Duryea police involving a pursuit of a group of motorcyclists on May 26, 2023.

As Duryea police terminated the pursuit, police in Plains Township and state police at Wilkes-Barre encountered the same group of motorcyclists two hours later driving recklessly on state Route 315 in Plains Township, court records say.

Cardona, court records say, was part of the group of motoryclists and lost control of his dirt bike.

Court records say Cardona ran away on foot and was chased by a Plains Township police officer and state police trooper.

Cardona allegedly resisted arrest and attempted to disarm the trooper.

While Cardona pled guilty to a non-criminal disorderly conduct citation filed by Duryea police, Plains Township police charged him with criminal attempt to disarm a law enforcement officer, resisting arrest, driving with a suspended license and several traffic citations.

Cardona's attorney, Curt M. Parkins, of Comerford Law in Scranton, filed a motion to dismiss the charges filed by Plains Township police citing double jeopardy.

In his motion, Parkins claims the pursuit was a single occurrence that involved Duryea and Plains Township, which fall under the same judicial district within Luzerne County.

As Cardona pled guilty to disorderly conduct, the charges filed by Plains Township police violate the double jeopardy clause, Parkins argued in his motion.

Luzerne County Judge Joseph F. Sklarosky Jr. said Thursday he will scheduled a motions hearing at a later date to entertain Parkins' request.