Tuesday, November 21, 2023

I Read The News Today, Oh Boy

Misconduct at a Bench-Bar conference at the Seven Springs Mountain Resort drew a public reprimand of an attendee by the Disciplinary Board of the Pennsylvania Supreme Court.

Respondent was employed as a public defender at the time of the conference. State troopers responded to a call about an unruly patron in the Bavarian Bar.

He smelled of alcohol and "continued to ignore the Troopers commands and remained uncooperative by kicking his legs, clenching his keys in a closed fist and refusing to enter into a PSP patrol car once he had been handcuffed."

Charged originally with a number of offenses including a felony aggravated assault, he pled to misdemeanor disorderly conduct and the summary offense of public drunkeness and similar misconduct.

He has complied with probation conditions and obligation to report to the Office of Disciplinary Counsel. He has also been reinstated to his public defender position.

Unfortunately Trib Live reported this 

A Westmoreland County assistant public defender who is on probation for a 2021 incident at Seven Springs Mountain Resort was arrested Wednesday by Greensburg police.

Authorities said David E. Mulock, 38, of Murrysville walked away from a traffic stop after an officer reported seeing Mulock driving a Volkswagen that didn’t have inspection or emissions stickers. Police said the vehicle’s license plate was partially visible in the rear window, according to court papers.

City police said the car pulled into a parking lot on North Main Street at 8:45 a.m., and an officer followed and turned on the patrol unit’s lights. Mulock refused to stay there and instead recorded the interaction on a cellphone and walked away to get a cup of coffee, police said.

“‘You cannot stop me. I was already out of the vehicle before you put on your lights,’” Mulock said, according to police paperwork.

When Mulock continued to walk away, police grabbed his arms, knocking the cellphone free, and handcuffed him, according to court papers.

He is charged with escape, resisting arrest, evading detention on foot and four summary offenses. He was arraigned Wednesday afternoon and is free on recognizance bond. A preliminary hearing is set for Oct. 19. The status of his employment was unclear.

Mulock could not be reached.

He previously was suspended after the Somerset County arrest at Seven Springs on Sept. 16, 2021. He since has returned to work, but it is unclear when.

Mulock was sentenced in February to one year of probation on a charge of disorderly conduct, according to court records. He pleaded guilty to that offense and public drunkenness.

State police were called to the resort to investigate a reported disturbance. Four troopers found Mulock in a parking lot and said he refused to let them see his identification card. Police reported Mulock appeared to be intoxicated and resisted their attempts to take him into custody.

According to the state Supreme Court’s Judicial Disciplinary Board website, Mulock began practicing law in 2014 after graduating from the University of Pittsburgh Law School.

According to county records, Mulock began working for the county in 2016. He is a former law clerk for Westmoreland County Judge Timothy Krieger.

And from WTAE Pittsburgh 

District Judge Thomas Brletic found Mulock guilty of evading arrest, operating a vehicle without valid inspection and improper display of a plate. He found him not guilty of failure to carry his registration and license.

The commonwealth withdrew two misdemeanor charges of escape and resisting arrest.

Mulock has to pay $200 total in fines plus court costs.

Tim Dawson, Mulock's attorney, said to Pittsburgh's Action News 4 that he is happy with today's outcome.

"We got the most serious charges dismissed, and we had a summary trial on remaining charges and got two of those dismissed. We thought it was a fair trial," Dawson said.

According to the criminal complaint, the officer did not see inspection or emission stickers on Mulock's white Volkswagen while he was driving on Main Street. The officer also saw a partial plate in Mulock's window. Mulock pulled into the Helman-Ghrist parking lot. The officer pulled in after, and put his lights on.

Video evidence presented in court showed Mulock walking away while the officer yelled for him to get back into his car.

According to the criminal complaint, Mulock said, "You cannot stop me. I was already out of the vehicle before you put on your lights."

The officer walked after him and arrested him for not complying with orders.

Mulock said in court the officer had previously pulled him over, and it was not his intent to evade the law.

County commissioners said Mulock is no longer employed by the county.

Dawson said they are hopeful today's outcome will help reinstate him.

"At this point, he's temporarily not. With the success we had today, I think it will go a long way for him to get reinstated," Dawson said.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2023/11/i-read-the-news-today-oh-boy.html

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