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HOLLIDAYSBURG – A Blair County judge has refused to dismiss a witness/victim intimidation charge filed against a former Bellwood-Antis School District administrator, even though the administrator’s attorney says the case amounts to nothing more than an unsupported claim.

In a recent ruling to consider challenges filed on behalf of former athletic director Charles N. Burch, President Judge Wade A. Kagarise denied a motion to dismiss the third-degree felony charge.

“The court agrees with the Commonwealth that any inconsistencies are for the jury to decide,” Kagarise wrote.

State Attorney General Lauren Eichelberger acknowledged during hearings and in court documents that the original indictment was amended to reflect that the alleged threat occurred on or about Feb. 19, 2020, and not Feb. 20, 2020, based on a record showing a cellphone can be seen. phone conversation between the teen and his mother at 7:51 a.m. on February 19, 2020.

At the time of the alleged threat, state police were investigating allegations of sexual abuse against high school wrestling coach Ryan Blazier. Charges against Burch allege he called one of the teenage victims into his office and asked if anything was going on during wrestling practice.

The teen, who testified at Burch’s preliminary hearing in January, said he answered “weird things” but did not go into details. In response, the teen said Burch said he would handle it, then told him not to tell anyone or he could be suspended or kicked off the football team.

The teen reported that he called his mother after that meeting saying he was angry about the possibility of being suspended or benched.

During a May court hearing for Kagarise, attorney Thomas K. Hooper pointed out to the judge that the teen admitted during the preliminary hearing in January that he did not know when his meeting with Burch took place and that he had “arranged an arbitrary date.” out.”

The defense attorney also recalled the teen’s testimony showing that he was in third period English class when he was called to Burch’s office, something not supported by the cell phone call showing that at 7:51 got a call in the morning.

At a follow-up hearing on September 24, Hooper called witnesses to further challenge the alleged chain of events. Michael Lingenfelter, retired technology coordinator for the school district, noted that there were no phone calls between Burch’s office and a third-grade English classroom on Feb. 19 or 20, 2020.

During that same court hearing, witnesses said Burch was assigned to the hall on February 19, 2020 from 7:30 a.m. to 7:55 a.m., and to a suspension classroom on February 20, 2020 during third period.

In response to that testimony, Eichelberger took the position that general statements about where someone should have been are insufficient to indicate that a crime did not occur.

She took the position that it is up to a jury to decide issues of credibility and conflict of evidence, which led Kagarise to agree with his recent ruling.

During the hearing on September 24, Hooper said he did not know how Eichelberger could ethically proceed with a case in which the credibility of the only witness was being undermined.

Eichelberger declined to comment after that hearing.

Hooper said after learning of Kagarise’s ruling, he understood the court’s position because issues of credibility — under the law — are typically left to a jury. But he also said he believed he had presented sufficient grounds to dismiss the charges.

“Everything the teen testified to, aside from his unsupported claim of a threat, the Commonwealth now agrees did not happen,” Hooper said. “We hoped that the court would rule that the claim was completely unfounded. We trust that a jury will do that.”

Based on an Oct. 23 review of pending lawsuits, Burch’s case is one of several that will be considered for jury selection on Dec. 16. Burch remains free on $50,000 unsecured bail.

In a related case, jury selection is scheduled for Dec. 2 for Timothy Andrekovich of Tipton, former head wrestling coach at Bellwood-Antis.

Represented by attorney Lance Marshall of State College, Andrekovich faces a felony charge of endangering the welfare of a child in a case in which he is accused of failing to implement a safety plan that would have prevented that Blazier had unsupervised access to students.

Blazier, convicted of sexual assault by a jury in October 2021, is serving a prison sentence of 21 to 42 years.

Mirror staff writer Kay Stephens at 814-946-7456.

BASD settles second lawsuit

By Kay Stephens

[email protected]

HOLLIDAYSBURG – The Bellwood-Antis School District has resolved a second civil lawsuit filed on behalf of a victim of student sexual abuse by authorizing an insurance company to make $1.6 million in payments to the student and the law firm that represented him .

The district’s action is similar to one taken in November 2023, when the district authorized a $1 million payment to resolve the first civil lawsuit filed on behalf of another student who was also recognized as a victim of sexual violence.

In both cases, the students accused former high school wrestling coach Ryan Blazier of sexually assaulting them on school grounds in 2019 and 2020.

Blazier is currently an inmate at the State Correctional Institution at Green, serving a 21- to 42-year sentence. He continues to appeal the seven sexual assault convictions handed down during his October 2021 criminal court jury trial, where the two student victims testified.

The settlement in the second civil lawsuit came to light in July when a document was filed at the Blair County Courthouse showing the case had been resolved. School district attorney Carl Beard, in response to a Right-to-Know request from the Altoona Mirror for a copy of the settlement agreement, said it was approved at the June board meeting.

Under the latest agreement, the district’s insurance company will be ordered to make a $1.11 million payment to the student victim and to Marcus & Mack, whose Indiana County attorneys represented the student in court.

In addition, the agreement authorizes the insurance company to pay $490,000 to Prudential Assignment Settlement Services Corp., which will make monthly and lump sum payments to the student victim through 2046.

In the first civil lawsuit settlement, the district authorized a $550,000 payment to the designated student victim and to Marcus & Mack. An additional payment of $450,000 was authorized, to be allocated to that student monthly through 2048.

Because both settlements contain confidentiality clauses, those involved in negotiating the terms and amounts have banned themselves from commenting on the settlements or explaining the differences in the payments. Violations may lead to allegations of infringement and claims for damages.

However, the confidentiality clauses recognize disclosures as permitted by law. That includes the release of settlement documents, which are recognized as public records in Pennsylvania and available for access under the state’s Right-to-Know law.