Three former Mount Carmel Police officers ask federal judge to delay trial by 90 days

Nov. 1—WILLIAMSPORT — Three former Mount Carmel Police officers are asking a federal judge to delay a trial scheduled to begin Monday, according to court documents.

Former officer Kyle Schauer, retired Lt. David Donkochik and former officer Jonathan McHugh are asking U.S. District Judge Matthew Brann to delay the trial for 90 days after Donkochik's attorney, Brian Perry, of Camp Hill, filed a motion Oct. 27.

Brann has not yet ruled, according to court documents.

All three defendants were arrested in June after a federal indictment alleges all three officers, when making certain arrests, used excessive force including, but not limited to punching, kicking, choking, tasing, beating, and body slamming arrestees.

The indictment alleges that in 22 different arrests, they kicked, punched, choked, and otherwise used excessive force against those they were arresting. In those arrests, they caused bodily injuries to their victims, according to U.S. Attorney Gerard Karam.

Brann issued an order in July saying the defense needed additional time to conduct discovery. Brann said failure to issue the continuance would likely result in a miscarriage of justice. Jury selection was to begin at 9:30 a.m. Monday in the federal courthouse in Williamsport.

In the Oct. 27 filing, Perry said discovery evidence is being gathered and that Assistant United States Attorney C.D. Marchioli concurs in this motion to continue.

Perry said all defense counsel have been contacted, concur and join in the motion, according to court documents.

"The ends of justice served by granting the requested continuance outweigh the interests of the public and the defendants in a speedy trial because the continuance will provide defense counsel the reasonable time necessary for effective preparation of a defense in this case and/or to negotiate appropriate plea agreements," Perry wrote.

The indictment claims that the three officers took steps to ensure that video of the arrests was not captured by police cameras or if footage incriminating them was captured, failed to take steps to ensure that footage was preserved.

All three officers falsely reported that arrestees acted in a manner requiring violence and then falsely charged arrestees with criminal offenses including aggravated assault, resisting arrest and related offenses to conceal their own use of violence, the indictment said.

The incidents are alleged to have taken place from 2018 through 2021, investigators said.

McHugh faces 14 various counts, Schauer faces 10 and Donkochik faces four various counts of deprivation of rights, according to investigators.

Brann also issued an order in the case granting prosecutors' request to put a protective order on all discovery from either the prosecution or the defense.

The order says the prosecution, defense counsel, defendants and any other person to whom discovery material is disclosed shall take all the necessary steps to keep secure and confidential any personally identifiable information, victim information, medical information or other sensitive information contained in the material.