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REEDSVILLE -- Charges filed against a Belleville man for violating a Union Township fireworks ordinance in July were dismissed Wednesday during a preliminary hearing held before Magisterial District Judge Kent Smith.
Renato "Richie" Picciuro, 58, had been charged in August with one count each of reckless endangerment, criminal mischief, scattering rubbish and a violation of the Union Township fireworks ordinance.
After hearing testimony from responding Mifflin County Regional Police officer Quinton Isett, Defense Attorney Karen Gwyn Muir, based out of State College, and Mifflin County Assistant District Attorney Mark Remy, it was determined that Picciuro was not in violation of the Union Township ordinance due to the nature of the type of fireworks used.
Through testimony, it was found that Picciurro was using consumer-grade fireworks while the township ordinance only bans display fireworks without a permit.
"The Commonwealth did not provide evidence that he broke an ordinance," Remy said.
Regarding charges of reckless endangerment and criminal mischief, Magisterial District Judge Kent Smith said his resolution to dismiss all charges was "a fence line decision."
During the hearing, Isett testified that while he was responding to the fireworks display incident, he was diverted to another incident that involved a horse getting "spooked" by fireworks, causing a horse and buggy to go over an embankment on Shawnee Drive. The incident caused damages to the buggy and injured the horse and driver.
Smith questioned whether Picciuro was reckless in setting off fireworks in the area of Greenwood Road and Shawnee Drive, where the incident took place.
"I struggle with this because in my community, if people aren't responsible for something, I don't want them to stand trial for it and if they are responsible, I want them to stand trial for it," he said.
"In that area, it probably was negligent," Smith said, but added that when Picciuro was asked by police to stop setting off fireworks, he complied, which led to his ruling.