The Herald, Sharon, PA Published Saturday, June 1, 2002

HARRISVILLE

Judge to rule on statements in shooting

By Sherris Moreira-Byers
Herald Staff Writer

Statements that a Harrisville man made to police after he allegedly shot at a Pakistani store owner on Thanksgiving day were in question at a suppression hearing held Thursday afternoon in Venango County Court of Common Pleas.

John Brian Collar, 39, of 315 Rocky Springs Road, is accused of firing a rifle through a window at Sajjad Ahmed Raja, 36, of Grove City, at about 1 a.m. Nov. 22 at the convenience store in Barkeyville that Raja owns.

Collar was charged by state police in Franklin with attempted murder, two counts of aggravated assault, recklessly endangering another person and criminal mischief.

Police believe Collar targeted Raja because of his ethnic descent. According to the probable cause affidavit, Collar told police he "was watching those guys for a couple of months," and used ethnic slurs.

Collar admitted to police that he had been drinking

But Collar's attorney, Jack Cline of Mercer, questions whether the police read his client his Miranda rights soon enough and whether his client was coherent enough to understand it.

"He wasn't in any position to make a decision to waive his constitutional right to remain silent," said Cline, referring to remarks Collar made after his Miranda rights were read, including ethnic slurs.

Cline said Collar's wife during the hearing described his client as "drinking heavily" since his mother's unexpected death Sept. 12 and said that Collar had been "despondent" about it the night of the shooting and had been at his mother's gravesite in Irwin Cemetery, Irwin Township, prior to the incident.

"He gave statements that the D.A.'s office may use in the trial," Cline said. "If they were improperly taken, it weakens the government's case."

"When the police investigated the crime, they were focusing on Mr. Collar as a suspect and started interrogating without giving him his constitutional rights," Cline said. "They later gave him his Miranda warnings."

A message left with the Venango County District Attorney's office was not returned.

Judge Oliver J. Lobaugh gave both sides three weeks to submit their written arguments to be ruled on at a later date.

Initially Collar's bond was set at $250,000, but it was lowered to $100,000 April 1. Collar has been out on bond since April 2.

Sarah Raja, the sister--in-law of Raja who works at the convenience store was concerned about Collar being out of jail during this time, and with an admitted drinking problem.

"Of course we didn't feel good (about his release). We didn't feel comfortable at all," she said. "I think alcohol can make people their real selves. We don't feel safe at all."

Cline said that the conditions of Collar's bond include no alcohol, no weapons, no contact with the victim or family members, no visiting the convenience store, maintain employment and continue treatment with his psychologist.



Back to TOP // Herald Local news // Local this day's headlines // Herald Home page



Questions/comments: online@sharon-herald.com
For info about advertising on our site or Web-site creation: advertising@sharon-herald.com
Copyright ©2002 The Sharon Herald Co. All rights reserved.
Reproduction or retransmission in any form is prohibited without our permission.

'10615