Wrightsville-area constable headed to trial
A Wrightsville-area constable who allegedly drove a female prisoner to the Susquehanna River to "watch the sun rise" is now facing trial in York County Court.
Michael Paul Wert, 34, of Main Street in East Prospect, is charged with the second-degree misdemeanors of official oppression and obstructing the administration of law or other government function. He remains free on his own recognizance.
His alleged victim, 35-year-old Lisa Hoffnagle of Wrightsville, testified against Wert at his preliminary hearing Tuesday.
At the close of the hearing, District Judge John H. Fishel determined enough evidence exists for Wert to stand trial and forwarded the case to York County Court. Wert is scheduled to be arraigned on June 24.
On the stand, Hoffnagle said she was arrested Sept. 5 on an outstanding truancy warrant by Wrightsville Police, who told her the warrant required her to be taken to prison. Police then turned her over to Wert.
Hoffnagle said when she was unable to find anyone to pay the money needed to satisfy the warrant, Wert chose not to take her to prison, but told her he couldn't take her home at that point because the police officer who arrested her was still on duty.
Drove to river: Wert suggested they "drive down to the river and watch the sun rise," Hoffnagle said.
She said they parked near the Accomac Inn until about 7 a.m., when he took her home. But before that happened, he asked her inappropriate
"He was asking questions like, do I like oral sex, and what my favorite position was, and do I like girls," Hoffnagle testified.
She also spotted him in her neighborhood the next
day, she said.
"I saw him drive by (my) house a couple times," Hoffnagle testified.
In October, Wert transported Hoffnagle again, she said, this time from Dauphin County Prison to a York County district judge office on a bad-check charge. Charging documents indicate that was on Oct. 28.
On the way back to Dauphin County Prison, Wert drove off Interstate 83 at the Valley Green exit and parked, according to Hoffnagle.
Sexual talk: Wert start speaking about sexual things again, Hoffnagle said.
"He rubbed my legs ... he rubbed my back," she testified. "He leaned over to kiss me."
Hoffnagle said she told him she hadn't brushed her teeth that morning, and said Wert drove to a nearby store and bought her cigarettes and gum, then drove back to the lot where they'd been parked.
He kissed her while parked there, Hoffnagle testified.
Charging documents allege Wert removed Hoffnagle's handcuffs, bought her a meal and kissed her twice on the face. He then took her back to the prison, documents state.
Under cross-examination by defense attorney Bill Graff, Hoffnagle confirmed that although Wert removed her handcuffs, she remained in leg shackles the entire time.
Detective testifies: Also testifying at Tuesday's preliminary hearing was York County Detective Craig Fenstermacher, who investigated Hoffnagle's complaint and filed the charges.
Fenstermacher testified that Wert admitted to the conduct.
Under cross-examination, Fenstermacher said he has no way to know whether Wert knew Hoffnagle's truancy warrant required her to be locked up.
The detective also confirmed he did not read Wert his Miranda warnings, because Wert was not in custody during the Feb. 25 interview and was free to leave at any time.
"Not every bad act is a crime," Graff told District Judge Fishel.
Carl Barley, president of the York County Constables Association, said he is unaware that Wert is doing any constable work at this time, although Wert is still a certified constable.
-- Reach Elizabeth Evans at levans@yorkdispatch.com, 505-5429 or twitter.com/ydcrimetime.
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