Commonwealth v.

David Manilla

2011-0790

COMMONWEALTH STATEMENT OF FACTS

Affiants are Bucks County Detectives Martin McDonough and Robert Potts

November 29,2010

0:530 AM* Defendant arrived at his 1155 California Road property to hunt. This property is located in Richland Township, Bucks County. Manilla first hunted alone while waiting for his friends to arrive. Manilla was armed with a shotgun allegedly belonging to Barbara Fletcher. Manilla stated that he did not fire the shotgun while he was by himself during this part of the hunt. Though he is a felon not to possess, defendant was hunting with a lawfully issued license.

10:15 AM* Barry Groh tagged his deer indicating the time that he killed his buck. Barry Groh was hunting with a lawfully issued hunting license.

10:28 AM Barry Groh called wife Theresa Groh and told her that he had shot a buck, and asked her to send their son Justin to the location to assist him with the deer. After the call Barry Groh would have likely dragged his deer from the place where he shot it to the location where it was ultimately found in the creek alongside his body.

10:30 AM* Members of the defendant's hunting party, his uncle, Mike Marino and Robert Monestero arrive at the Manilla farm and meet with David Manilla for the hunt on his California Road property.'

10:45 AM* The three begin hunting the 1155 California Road property. At this point in the hunt, Manilla is still armed with his 12 gauge shotgun. Marino and Monestero were each carrying a shotgun. After the first drive, the three returned to the clubhouse, a building located at the top of the California Road property, where Manilla exchanged the shotgun for a Remington pump action rifle with a scope. The rifle was chambered for the .30-06 Springfield cartridge. According to the Pennsylvania Game Code, it is illegal to hunt with this high powered rifle in Bucks County due to its population density.

11:00 AM* Manilla's neighbor, Brian Schrier was hunting from a tree stand on his property adjacent, and to the west of the Manilla property when he observed Manilla approach his property carrying a pump action .30-06 rifle. Mr. Schrier was lawfully hunting on his own property from a tree stand with his two teenage daughters that morning. When Manilla approached Schrier, Manilla was carrying his rifle pointed in Schrier's direction. Schrier noticed that Manilla was arined with an illegal rifle. Schrier asked Manilla to point the gun in a safe direction, and asked him why he was armed with a rifle, aware that it was illegal to hunt

1 Confirmed by both Marino in his first interview and Manilla in his first interview, Monestero stated they got there near 11:30.

with a rifle in that area. Manilla told Schrier that he was hunting with two friends, including the former DA. (Mike Marino is the former Montgomery County District Attorney and County Commissioner). Manilla told Schrier that he had shot a buck that morning and was looking for it, and that was the reason he was carrying the rifle.

Manilla and Monestero leave Schrier and continue to hunt. Shortly thereafter, Manilla fires a shot with his .30-06 rifle. Monestero, who was near where Manilla had fired the shot at the time of the shot, also did not see a deer. Marino hears a rifle shot from the direction where Manilla was hunting, but never saw any deer in that area either. This shot by the Defendant was actually aimed by the Defendant in the general direction where Mr. Schrier and his two teenage daughters were hunting from their tree stand. Manilla later showed Detectives the direction in which he had fired this shot. [defendant's first shot diagram]

After this shot was fired, the three (3) men returned to the ATV on Manilla's property, mounted the A TV with Marino riding on the front, Manilla driving, and Monestero on the back, and traversed the cornfield near the woods on the lower left side of the Manilla property.

According to Marino and Monestero, immediately after firing the shot, Manilla walked down to the creek, and crossed the creek while Marino and Monestero stayed with the ATV. After a few minutes, Marino heard Manilla yell "Man down in the creek." Marino and Monestero then walked to the creek where Manilla was standing and observed the victim, lying on his back in the creek. All three men observed blood coming from the left side of the victim's body and into the water. Monestero observed what he believed to be a gunshot wound to the victim's left shoulder. Marino noticed an orange vest on the creek bank in front of the victim. The victim's orange hat was laying on the right side of his body on the ground between him and his deer.

12:00 PM* During the drive Manilla stopped the ATV and according to Marino and Monestero, announced that he saw a deer across the stream. Manilla almost immediately fired a shot from his rifle into the woods at the south end of his property. Marino did not see or hear a deer either before or after Manilla fired his rifle. Monestero stated that Manilla had gotten off of the ATV before he fired the shot. [2d shot diagram]

According to Marino, when he approached the creek, Manilla asked Marino: "Uncle Mike, did I shoot that guy?"

The three men left the creek bed and returned to the A TV where the Defendant spent some time looking for the shell casing that he ejected from his .30-06 rifle. Unable to locate the shell casing, the three returned to the clubhouse at the top of the Manilla farm. The Defendant was observed by others to be running around from building to building trying to

Although the hunters had immediate access to cell phones, no one called 911 from the . creek bed. Marino later advised that he did not call 911 because it was Manilla's responsibility. [body of Barry Groh diagram]

12:39 PM

12:43 PM

find a place where he could hide his rifle. Manilla even tried to hide the rifle in the cushions of a couch in the clubhouse. The defendant then asked his Uncle Mike Marino to hide the rifle for him in his truck before police arrived but Marino refused. Manilla ultimately placed both of his guns inside his truck. Manilla later told police that he tried to hide the rifle because he "shouldn't have had it."

Before calling 911 Manilla was also observed firing his twelve gauge shotgun into the ground behind the clubhouse. Manilla later told detectives that he did this because if police asked what gun he was hunting with, he was going to lie to police and tell them it was the shot gun and not the rifle that he had fired.

David Manilla finally calls 911 and reports finding someone in the water calling it a "hunting accident» in Richland Township, at 1155 California Road. Manilla stated that it "looks like he had already passed" and reported to the operator that he did not know his own cell phone number when asked. [Play the 911 recording and provide transcript and CD]

Mack Kimble, an employee of the Defendant, and caretaker of Manilla's 1155 California Road property, observed the defendant and two others in the area of the garage near the ATV dressed in hunting gear. Manilla told Mack Kimble that they "found a dead guy down in the woods."

Mack Kimble also observed Manilla go behind the chicken coop area and fire a round into the ground using his shotgun. Days later, once police cleared the crime scene, Kimble observed James Stewart, Manilla's employee digging through this area of the farm where he previously observed Manilla fire the shotgun into the ground. Stewart denied he was digging that area looking for the shot gun slug. [Diagram where shotgun shot into the ground]

Bucks County Radio dispatches Richland Police to 1155 California Road. Sgt. Ficco and Officer Aleman arrive on scene shortly after and were met by David Manilla, Michael Marino and Robert Monestero. Manilla told responding police officers that there was a man in the creek at the bottom of the property, and that the man was dead.

Manilla transports a Richland Police Officer and a paramedic from the Richland Twp Fire and Rescue Squad to the creek at the bottom of his property on his ATV where the officer observes the victim lying face up in the creek. The paramedic mistakenly advised police in Manilla's presence that he believed that the victim had died of a heart attack. Manilla does not correct either the police officer or the paramedic on scene or tell them that he had observed the victim bleed into the water, or that he had fired a shot in the direction of the victim just minutes prior to finding Barry Groh's deceased body in the creek.

A large buck deer was observed adjacent and several feet away from the victim's body. The deer was dead and had a tag attached to it and a pulling device attached to its body. There was clear evidence at the location that the deer had been pulled to that location from the other side of the creek, a location not on the Defendant's property.

2:18PM

2:30 PM*

While at the scene, Michael Marino also hears either police or EMT say that it appeared that the victim had died of a heart attack. Both fail to inform authorities of the blood observed in the water, of the observed gunshot wound to the victim's left shoulder, or the fact that Manilla had shot in the deceased's direction prior to finding the body in the creek. They also fail to advise police and/or EMT that Manilla was hunting with an illegal highpowered rifle that date.

Shortly thereafter, Manilla, Marino and Monestero all left the scene after giving the police their contact information. According to Richland Twp PD, police officers on scene had not advised the three that they were clear to leave.

Evidence at the scene indicates that after Barry Groh had pulled his deer to that location, he had removed his hunting vest and placed the vest on the bushes in front of the creek bed to begin cleaning his deer. Mr. Groh's hat was located on the ground next to his body. According to Mr. Groh's sons, Barry never took his hat off in the field during a hunt. [photograph of victim's hat on the ground]

Deputy Coroner Harvey Geibel arrived on scene and within moments of observing the body, identified gunshot wounds to the arm and chest of the victim Barry Groh. By this time, the Defendant and his hunting party were gone.

Justin Groh, the son of the deceased who was called to the area by his father before he was shot, had made his way along the creek and came up behind officers at the creek near his father's body and had to be lead away from the scene.

Upon the findings by the coroner, Bucks County Detectives were called to the scene to investigate.

Wildlife Conservation Officer John Papson took the victim's son, Justin Groh to his home and informed the rest of the Groh family of what had happened to their father and husband Barry Groh.

That evening, Defendant called Barbara Fletcher and asked her to come to his home. After work Fletcher arrived at the Manilla residence and he tells her that someone had been shot on his property, but fails to give any more details.

November 30,2010

Sometime during the morning hours, Defendant called James Stewart, an under the table employee and associate of the Defendant's for the past 10 - 11 years, and known to Manilla as a convicted felon. Defendant directed Stewart and another under the table employee, Israel Amaya, an illegal alien from Mexico, to come to the Manilla residence on Worcester Avenue. Upon arrival, Defendant tells Stewart to remove all of the guns from the Manilla residence and take them to Barbara Fletcher's house and place the guns in the horse trailer. Stewart told the Grand Jury that it took a couple of trips to move all of the guns from the gun racks in the attic and the gun cabinet in the living room. Stewart also testified that he was aware that these guns have been in the Manilla residence for years.

Manilla also told Stewart to remove the ammunition from the house. Stewart loaded ammunition into a large duffle bag and removed it from the Defendant's basement and delivered the bag of ammo to Barbara Fletcher's house.

The Defendant also called Barbara Fletcher that morning and advised her that he is moving all of the guns normally kept at his house [at 2060 Valley Forge Road in Worcester, Montgomery County] to her Montgomery County house because he is a convicted felon, and is not allowed to have guns. Fletcher advised that normally, ALL of the guns had been kept at Manilla's residence, stored in the second floor office. Fletcher advised detectives that she was shocked to hear that Manilla was a convicted felon not to possess because she had been hunting and shooting with him over the past several years, often with other lawyers and even members of law enforcement.

This same day, the day after Defendant recklessly shot Barry Groh, and before he tells authorities that he had fired a rifle in the direction of Barry Groh, the Defendant began transferring real properties that he owned or had interest in to members of his family. The Defendant transferred five such properties to either his mother Vivian Manilla or his sister Honor Manilla for just $1.00 each. The combined assessed value of these properties is $766,210.00.

Autopsy

On November 30, 2010

An autopsy on the body of Barry Groh was performed at the Bucks County Coroner's Office by Dr. Ian Hood, a forensic examiner who has testified as an expert in forensic pathology in this court over a hundred times. Dr. Hood observed the victim's left ann to have a perforating gunshot wound approximately eight inches below the top of the shoulder. A large corresponding exit wound was observed to the interior of the victim's left arm. X-rays indicated that the victim's left arm had been shattered by the projectile. A large corresponding re-entrance wound was observed to the left side of the victim's chest. The victim's outer clothing displayed damage that correlates to the observed injuries. Dr. Hood observed that the bullet had traveled through the victim's body, left to right and slightly downward, fracturing the victim's ribs, piercing both of the victim's lungs and heart before exiting the right side of the victim's chest ten inches below the top of the shoulder. Dr. Hood opined that the victim would have died in less than a minute after suffering the gunshot wound. The cause of death was determined to be from a gunshot wound to the ann and chest. A medium sized jacketed rifled bullet was recovered from under the clothing of the victim prior to the autopsy. This bullet was transported to Detective John Finor for analysis and comparison. It is Dr. Hood's opinion that the victim had been shot by a high powered rifle from a relatively close distance. [admit report and photos of injury]

December 1,2010

The Defendant turned over to detectives a Remington, Model 760, Pump Action .30-06 Rifle with a Redfield 3x9 scope. When the rifle was received by Detectives, the scope and rear fixed sight were damaged, and the rifle bore had been plugged with mud. The exterior of the barrel was otherwise clean. This weapon was identified by Mike Marino as the weapon Defendant had fired at his farm on 11129/2010 just prior to finding the body of Barry Groh. [Use Diagram wI damage]

The defendant's rifle was thereafter delivered to forensic ballistics expert Detective John Finor of the Montgomery County Detective's Bureau for examination.

During this December 1 interview with Detectives, Manilla stated that the shotgun he had used on 11129 had belonged to Barbara Fletcher, whom he initially described as his wife.

The defendant told detectives that while hunting on 11129 with Mike Marino and Robert Monestero, he had fired two shots from his .30-06 rifle that was equipped with both a scope and fixed sights. Manilla told detectives that his second shot was not in the same direction where he had found the deceased, rather some twenty to thirty degrees to the right of where Barry Groh's body had been found. When asked if the deer he shot at was a doe or buck, Manilla responded, "J don't know. It was a deer." Manilla also told detectives that he did not see any blood in the water when he observed Groh in the creek. Manilla told detectives that after finding the body he returned to the top of the property, retrieved his cell phone and called police. Manilla also told detectives that although he normally keeps the rifles at the property, he decided to take both guns with him that day. Manilla also stated that Sgt. Ficco told him he was free to leave the scene that date, so he left.

December 2, 2010

Michael Marino was interviewed a second time. This interview occurred at the Manilla farm. During the interview, Marino directed detectives to the location where Manilla had fired the second shot from his .30-06 and pointed in the direction where the shot was taken. According to detectives, Marino pointed in the exact direction of where Barry Groh's body was recovered from the creek. Marino also advised detectives of the location where the shell casing from Manilla's second shot from the rifle should be found. Marino told Detectives that although he had a cell phone on him, he did not call 911 because it was Manilla's responsibility to do so. Marino still failed to inform Detectives that he had observed blood in the water near the victim's body, or of Manilla's actions after the discovery of Mr. Groh's body in the creek.

December 3, 2010

Bucks County Detective Robert Potts located the Defendant's .30-06 Winchester manufactured Springfield brass shell casing at the scene of the shooting. The shell casing was found in the same general vicinity where Marino had advised detectives that the defendant had fired the shot and where the casing should be found. The distance between

where the shot was taken, and where Barry Groh's body was found was 263.9 feet (or just under 88 yards). The shell casing was later delivered to Detective John Finor for analysis and comparison with Defendant's Remington .30-06 rifle. [diagram of rifle with the shell casing]

It is also important to note that when detectives were measuring the scene with the Nikon Laser, they noted that it would have been impossible for someone standing at the location where the defendant fired the shot to see Mr. Groh's deer in the creek bed. It is also impossible to say whether Mr. Groh could have been observed from that location where Defendant presumably fired that shot without the aid of a scope. The defendant stated that he did not use the scope, but rather the sights on the rifle when he fired the shot. What is clear, is that the defendant absolutely failed to positively identify his target BEFORE he fired the shot.

December 4, 2010

Defendant, with his two attorneys and a private detective walked with Bucks County Detectives through the California Road farm property. Manilla told Detectives of an encounter he had with his neighbor Brian Schrier. Mr. Schrier had been hunting with his two daughters on the Schrier property the morning of November 29th. The Defendant offered, though incorrectly, that Mr. Schrier had been armed with a rifle on November 29th. Detectives later confirmed that Mr. Schrier's firearm was in fact a legal shotgun, and not an illegal high-powered rifle as suggested by the Defendant. Defendant pointed to the location where he had fired the first shot that date from his .30-06 rifle. It was later determined that the Defendant had fired this shot shortly after the encounter with his neighbor, and in the general vicinity of Mr. Schrier's tree stand that was occupied by Mr. Schrier and his two teenage da~ghters.

Defendant also pointed out the location to detectives where he believed he saw the deer across the creek, in the woods from where he sat upon the ATV. When asked where he had ejected the shell casing from his rifle after firing the shot, Manilla offered a strange comment that he "was so upset, [he was] not sure." Defendant also pointed to the location where he had crossed the creek when he went looking for the "deer."

Defendant advised that when he "shot at the deer on the other side of the creek" he could see the head of the deer, but did not know whether it was a doe, or a buck. Game Code law and common sense requires hunter's to make positive identification of the game prior to engaging it with a firearm. Basic firearm safety requires the shooter to positively identify its target prior to engaging the target with a firearm.

Defendant told detectives that on the date of the shooting that he had not dropped his rifle at any time, and that no one else had possession of that rifle besides him since the time of

the shooting. James Stewart testified that he did handle the rifle on November 29, 2010 when the defendant returned from the hunt, but did not drop the rifle or place it anywhere near any mud. Stewart handled the rifle in the presence of the Defendant. Stewart testified that he does not know how the barrel of the rifle had been plugged with mud.

During this meeting with detectives at the farm, Manilla did not answer questions freely, but rather conferred with attorneys as to whether he should answer or not. Finally, his counsel advised Detectives that Manilla was not there to answer questions, but advised the detectives to provide questions to them in written form, which the Detectives replied they would not do.

December 5,2010

Barbara Fletcher, at the Defendant's direction, went to 1155 California Road to remove a rifle and box of ammunition that the Defendant had stated was in one of the buildings. According to the Defendant, this gun remained at the farm and was used for target practice. This gun was later turned over to investigators. There are no witnesses that observed the defendant in possession of this rifle, and the rifle was not used during the commission or attempted cover-up of this homicide.

December 6, 2010

Detectives returned a call to Defendant's attorney, 1. David Farrell. Farrell asked the detective, if in his opinion, the rifle Manilla turned over on December 1,2010, was turned over in damaged condition. Defendant later advised detectives that he was not aware that the rifle had been damaged, nor did he know how his rifle could have been damaged.

On the evening of December 6, while Fletcher was driving Defendant in her car, Defendant admitted to her that he had purchased guns in her name without her knowledge. According to Fletcher, she did not press Defendant for an explanation.

December 7, 2010

Robert Monestero, the third member of Manilla's hunting party was interviewed at the scene of the shooting by Bucks County Detectives and for the first time, a member of that hunting party revealed that he not only saw blood in the water, but also observed what he believed was a gunshot injury to the victim's left shoulder.

December 8, 2010

Defendant sells the 1155 California Road property to PPL Electric Utilities Corporation for $1.45 million.

Shortly after the Monestero interview, Michael Marino called to set up an interview with County Detectives.

December 9~ 2010

A number of guns and other hunting gear previously delivered to Fletcher's Montgomery County address by Manilla's employee James Stewart, but not belonging to Fletcher had been removed from the horse trailer at her house after Fletcher told Manilla to either remove the stuff from her property or she would call police.

Michael Marino was interviewed in the District Attorney's Office with his lawyer Bruce Castor. During this interview, Marino finally told Detectives that he too observed blood in the water near the victim's body on the day of the shooting. Marino also described how Manilla reacted after finding the body, including Manilla's attempts to cover-up his crimes by trying to find the shell casing, his attempts to hide the illegal rifle, and his firing his shotgun into the ground, all before calling 911.

During a phone conversation between Barbara Fletcher and the Defendant, after Fletcher advised Manilla that she had an appointment on 12/10/2010 with the detectives investigating this case, Manilla told her that she had just "dropped a bomb on" him.

December 10~ 2010

Barbara Fletcher was interviewed at her Montgomery County home and gave Detectives access to numerous guns that Stewart and Amaya had delivered to her residence from the Defendant's house the day after the shooting. According to Fletcher, all of the guns had been kept in Defendant's house prior to being moved. During the meeting with Barbara Fletcher, the Detectives inventoried eighty-six (86) guns, including rifles and shotguns. Barbara Fletcher turned over eighteen rifles and shot guns to Detectives that she stated she did not recognize as belonging to her from the cache of weapons delivered to her from the Manilla residence. [introduce list of guns]

During the interview with Fletcher, she told police she has been in a relationship with the Defendant for six (6) years. Fletcher stated that during the relationship, that in addition to hunting together locally each year, she and the Defendant had been on numerous hunting trips together in New York, Canada, Alaska, and some Western states, and that over the years they had attended numerous hunting shows where Manilla had paid for a number of guns for her.

December 16,2010 \

Defendant was interviewed again by County Detectives. During this interview, Defendant told detectives that he knew it was illegal to hunt with a rifle in Bucks County. Defendant acknowledged that that he knew as a convicted felon, he was not permitted under the law to possess, own or use a firearm of any kind. Defendant agreed that he had never had his firearms rights restored. Defendant admitted that on November 29, 2010 he possessed both a shot gun and a Remington .30-06 rifle. Defendant admitted that the rifle he turned over to Detectives on December 1,2010 was the same rifle he hunted with on November 30, 2010. Defendant admitted that he fired two shots from his .30-06 rifle and that the

second shot that he fired was fired in the same direction where his victim was found in the creek. Defendant admitted that his previous statement about where he told Detectives that he had fired his second shot was not correct. Defendant admitted that he attempted to hide the rifle at the farm before he called police. Defendant also told police that on 11/29 he fired his shotgun into the ground before police arrived because he intended to mislead police into believing that the shotgun was the gun that he had fired during the hunt. Defendant told detectives that he directed James Stewart and Israel to move the all of the guns from his residence and take them to Barbara Fletcher's house. [Defendant's signed statement; Certified copy of conviction]

December 22, 2010

Bucks County Detectives went to the Defendant's home at 2060 Valley Forge Road in Worcester, Montgomery County and met with the Defendant's mother, Vivian Manilla. The purpose of this meeting was for detectives to collect the rest of the guns owned or possessed by the Defendant that he was to tum over to police as a condition of his bail. Detectives collected an additional ten rifles and/or shotguns. These guns were moved to the Manilla residence by James Stewart.

During a December 21, 2010 phone call between the Defendant and his mother [while defendant was incarcerated at the Bucks County Correctional facility), Vivian Manilla asks the Defendant if James Stewart should be present when the detectives arrive to collect the guns. Defendant advises that Stewart should not be present and Vivian Manilla responds by saying you are right, because James "knows too much."

During this time, Detcetives had been attempting to contact James Stewart for an interview.

January 14,2011

Defendant agreed to court order voiding his transfer of the five Montgomery County properties to his mother and sister.

According to Forensic Ballistics Expert John Finor, the Rifle used by Defendant on November 29, 2011 was a Remington, Model 760, Pump Action .30-06 Rifle with a Redfield 3x9 scope. The rifle bore had been plugged with about a half-inch of mud. The exterior of the rifle barrel was clean and free of mud or debris. However, there was mud found on the butt end of the Defendant's rifle.

Ballistics

As a result of the rifle bore being plugged with dirt, a forensic comparison of the bullet to the Defendant's rifle resulted in Finor being unable to positively conclude that the bullet had been fired by Defendant's rifle, though the rifle and bullet were of the same caliber and have the same general rifling characteristics.

The bullet casing from the crime scene however was determined by Finor to have been fired within the Defendant's rifle, and was consistent with the caliber of bullet that was recovered from the victim's outer clothing prior to the autopsy.

The ammunition was determined to be Springfield type, .30-06, Winchester brand. 150 grain projectile. Muzzle velocity 2910 ftlsecond.

Detective Finor has advised that the Maximum Point Blank Range/ for that rifle using this type of ammunition to be approximately 300 Yards with a Maximum Travel distance of approximately 3500 Yards, or 1.99 miles.

Finor also concluded that because the bullet specimen had mushroomed and did not have the characteristics of having tumbled during flight, that the fatal shot had to have been from a close range, likely within 100 yards. County Detectives determine that the Defendant shot the victim from a distance of approximately eight-eight (88) yards, based upon evidence gathered at the scene and information gleaned from the Defendant and his others in his hunting party.

2 Maximum Point Blank Range is the distance at which the bullet falls 3" below the line of sight.

Deer Traps

James Stewart

James Stewart testified before the Bucks County Investigating Grand Jury that in the past several years, at the direction of David Manilla, he would go to the 1155 California Road property at the beginning of each deer hunting season and prepare the property for the hunt. Stewart would lay piles of com in several areas of the property at Manilla's direction to serve as feed traps to lure the deer to his property. Such traps are in violation of the Pennsylvania Game Code. (Photo) Stewart testified that each hunting season, he would assist the defendant in setting out the com traps to attract the deer to Manilla's farm. The defendant later admitted to the same.

Bucks County Detectives were unable to locate and interview James Stewart until February of 2011. The Commonwealth finally made contact with Stewart after communicating with counsel for the defendant. When Stewart made contact with the Commonwealth, he identified his lawyer as being Steven Marino who is Michael Marino's son. James Stewart advised that the Defendant Dave Manilla had arranged for Steve Marino to represent him in this matter.

PRIORS HISTORY

The defendant is a person not entitled under the law to possess a firearm as a result of his September 15, 1985 Aggravated Assault Conviction, graded as a felony of the first degree.

Defendant pleaded guilty to Aggravated Assault, graded as a felony of the first degree for the February 22, 1985 assault on Darrell Childs. Prior to the assault, Manilla told another patron of Roberto's Gym in Norristown, Pennsylvania that if Childs had a problem with him, he would "kill the asshole." Thereafter Manilla confronted Childs in the parking lot of the gym and struck Childs several times with a steel bar in the head and torso. The victim suffered a fractured skull which required surgery to remove a part of his skull from his head. The defendant was sentenced to serve four (4) to twenty-three (23) months in the county correctional facility, which was mostly served on work release.

This conviction precludes defendant from firearm ownership or possession in accordance with Title 18, Section 6105. During an interview with County Detectives, Manilla stated that he understood that he was a prior convict not to possess a firearm, and that he had never filed a petition to have his firearm rights restored.

December 23,1993: Prior Game Code Violation

Defendant was convicted of a summary Game Code violation for a hunting incident in which he and another hunter from his hunting party attempted to shoot at quail but hit a hunter from another hunting party in the neck with a birdshot pellet. The shotgun pellet had to be surgically removed from the victim's neck in the emergency room. As a result of the conviction, Defendant lost his hunting privileges for a period of two (2) years.

Prior Incident: Terry Swartley

During the 2009 archery season, Terry Swartley had placed a tree stand on Defendant's property. When Swartley returned to the stand, the stand was gone, but a freshly posted "No Trespassing" sign was affixed to the tree with a phone number 610-584-0364 written on the sign. When Swartley called the number, a man answered the phone "Law Offices." When Swartley asked about the tree stand, the man told Swartley "I told you motherfuckers about hunting on my property. I am going to drive a stake through your neck, and I'll blow you away. I ever see you there again, I'll kill you, I'll fucking kill you. Your stand is in Richland Township, call them about it." The phone number called belongs to David Manilla. Richland Township Police confirmed that the stand was in fact placed on Defendant's 155 California Road property.

Barbara Fletcher was present with Defendant when he was arrested for shoplifting at Cabelas hunting outlet in Berks County, Pennsylvania. Defendant was placed on ARD for this offense on June 21, 2010. During the offense, Manilla sent Fletcher to pay for a few hundred dollars worth of merchandise. When Fletcher completed the transaction and was about to leave the store, store security advised her that Manilla was in custody for retail theft. The items included a knife, flashlights, cookbook, candy bars, fishing lures, DVDs, and clothing. The instant arrest in Bucks County violated Defendant's ARD.

September 27~ 2009: Retail Theft in Berks County

Defendant subsequently pleaded guilty to Retail Theft, graded as a misdemeanor of the First Degree on April 2fh of this year, receiving five years of probation and community service.

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