Aaron Nigro Westmoreland County

COURT OF COMMON PLEAS OF WESTMORELAND COUNTY
DOCKET
Docket Number: CP-65-CR-0000383-2014
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania
v.
Aaron Nigro
CASE INFORMATION
Page 1 of 9
Cross Court Docket Nos: 1043 WDA 2015

Judge Assigned: Feliciani, Christopher A.
Date Filed: 01/31/2014
OTN: T 323881-5
Originating Docket No: MJ-10201-CR-0000158-2013
LOTN:
Initiation Date: 05/07/2013
Initial Issuing Authority: Mr. James Falcon
Final Issuing Authority: Mr. James Falcon
Arresting Agency: Greensburg Psp
Arresting Officer: Johnson, Joshua B.
Complaint/Incident #: A011828716
Case Local Number Type(s)
Case Local Number(s)
STATUS INFORMATION
Case Status:
CPCMS 9082
Active
Status Date
05/05/2016
Processing Status
07/01/2015
Awaiting Appellate Court Decision
06/24/2015
Awaiting Waiver
06/24/2015
Awaiting Arraignment
06/24/2015
Awaiting Formal Arraignment
01/31/2014
Awaiting Filing of Information
Complaint Date:
05/07/2013
Remanded - Awaiting New Trial
Printed: 07/26/2016
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.

DOCKET
CRIMINAL DOCKET
Court Case
v.
Aaron Nigro
Page 2 of 9
CALENDAR EVENTS
Case Calendar
Event Type
Schedule
Start Date
Start
Time
Room
Judge Name
Schedule
Status
Formal Arraignment
03/12/2014
8:30 am
Courtroom 6
Senior Judge Alfred B. Bell
Cancelled
Call of the Criminal

List
04/29/2014
9:00 am
Courtroom 3
President Judge Richard E.

McCormick Jr.
Scheduled
Trial
05/05/2014
9:00 am

McCormick Jr.
Continued

List
06/26/2014
9:00 am

McCormick Jr.
Scheduled
Trial
07/07/2014
9:00 am

McCormick Jr.
Continued

List
08/25/2014
9:00 am
Courtroom 7
Judge Rita D. Hathaway
Scheduled
Trial
09/08/2014
9:00 am
Courtroom 7
Continued

List
10/17/2014
1:15 pm
Courtroom 3
Judge Debra A. Pezze
Scheduled
Trial
11/03/2014
9:00 am
Continued

List
12/18/2014
9:00 am
Judge Christopher A. Feliciani
Scheduled
Trial
01/05/2015
9:00 am
Continued

List
02/23/2015
9:00 am
Judge Meagan Bilik-DeFazio
Scheduled
Trial
03/02/2015
9:00 am
Continued

List
04/21/2015
9:00 am
Scheduled
Trial
05/04/2015
9:00 am
Continued
Habeas Corpus
Hearing
06/08/2015
9:00 am
Courtroom 1
Moved
Habeas Corpus
Hearing
06/09/2015
1:30 pm
Courtroom 5
Moved
Habeas Corpus
Hearing
06/24/2015
1:30 pm
Courtroom 2

McCormick Jr.
Scheduled

List
06/29/2015
1:15 pm
Courtroom 3
Scheduled
Trial
07/06/2015
9:00 am
Continued
Trial
09/14/2015
9:00 am
Cancelled

List
07/07/2016
9:00 am
Scheduled
Trial
07/11/2016
9:00 am
Scheduled
CPCMS 9082
Courtroom 2
Courtroom 5
Courtroom 1
Courtroom 7
Courtroom 7
Printed: 07/26/2016

DOCKET
CRIMINAL DOCKET
Court Case
v.
Aaron Nigro
DEFENDANT INFORMATION
Date Of Birth:
08/04/1980
Page 3 of 9
City/State/Zip: Irwin, PA 15642
Alias Name
Nigro, Aaron C.
Nigro, Aaron Charis
CASE PARTICIPANTS
Participant Type
Name
Defendant
Nigro, Aaron
BAIL INFORMATION
Nigro, Aaron
Nebbia Status: None
Bail Action
Date
Bail Type
Percentage
Amount
Bail Posting Status
Set
05/15/2013
Unsecured
Posting Date
$2,500.00
CHARGES
Seq.
Orig Seq.
Grade
Statute
Statute Description
Offense Dt.
OTN
M3
18 3921 A
Theft By Unlaw Taking-Movable Prop
04/23/2013
T 323881-5
M3
18 3922 A1
Theft By Decep-False Impression
04/23/2013
T 323881-5
9001
F3
18 3921 A
Theft By Unlaw Taking-Movable Prop
04/23/2013
T 323881-5
9002
F3
18 3922 A1
Theft By Decep-False Impression
04/23/2013
T 323881-5
DISPOSITION SENTENCING/PENALTIES
Disposition
Case Event
Sequence/Description
Disposition Date
Offense Disposition
Sentence Date
Sentencing Judge
Sentence/Diversion Program Type
Final Disposition
Grade
Section
Credit For Time Served
Start Date
Incarceration/Diversionary Period
Sentence Conditions
Held for Court (Lower Court)
Defendant Was Present
Lower Court Disposition

9,001 / Theft By Unlaw Taking-Movable Prop
Proceed to Court (Arraignment Waived)
Information Filed
01/21/2014
Held for Court (Lower Court)
Not Final
F3
18 3921 A
Defendant Was Not Present

02/25/2014
Not Final
Held for Court
F3
18 3921 A
9,002 / Theft By Decep-False Impression
Added by Information
F3
18 3922 A1
Proceed to Court
Habeas Corpus Hearing

1 / Theft By Unlaw Taking-Movable Prop
CPCMS 9082
06/24/2015
Proceed to Court
Not Final
M3
18 3921 A
Printed: 07/26/2016

DOCKET
CRIMINAL DOCKET
Court Case
v.
Aaron Nigro
DISPOSITION SENTENCING/PENALTIES
Page 4 of 9
Disposition
Case Event
Sequence/Description
Disposition Date
Offense Disposition
Sentence Date
Sentencing Judge
Sentence/Diversion Program Type
Final Disposition
Grade
Section
Credit For Time Served
Start Date
Incarceration/Diversionary Period
Sentence Conditions
2 / Theft By Decep-False Impression
Proceed to Court
M3
18 3922 A1
Charge Changed
F3
18 3921 A
Replaced by 18 3921 A, Theft By Unlaw Taking-Movable Prop

Charge Changed
9,002 / Theft By Decep-False Impression
F3
18 3922 A1
Replaced by 18 3922 A1, Theft By Decep-False Impression
COMMONWEALTH INFORMATION
Allen P. Powanda
ATTORNEY INFORMATION
Assistant District Attorney

041814
Supreme Court No:
Richard H. Galloway
Private
011645
Supreme Court No:
Phone Number(s):
Rep. Status:
Active
Phone Number(s):
724-837-6000
412-837-0080
724-837-0080
Address:
(Phone)
(Office)
(Other)
Name:
724-830-3949
724-830-3290
Address:
(Phone)
(Fax)
Westmoreland CO Da's Office

2 N Main St Ste 206
Greensburg, PA 15601-2405
Name:
Galloway Monzo PC
1100 Summit Dr Ste 100
Greenbsurg, PA 15601-5659
Representing: Nigro, Aaron
ENTRIES
Sequence Number
CP Filed Date
Document Date
Filed By
05/15/2013
Falcon, James
01/31/2014
Court of Common Pleas Westmoreland County
Bail Set - Nigro, Aaron

1
Original Papers Received from Lower Court

1
02/07/2014
Galloway, Richard H.
02/07/2014
Entry of Appearance
2
Appearance and Waiver of Arraignment

CPCMS 9082
Printed: 07/26/2016

DOCKET
CRIMINAL DOCKET
Court Case
v.
Aaron Nigro
ENTRIES
Page 5 of 9
Sequence Number
CP Filed Date
02/07/2014
Commonwealth Court of
Pennsylvania
02/25/2014
Document Date
Filed By
Restitution Claim Form

Victim is due $5000.00
1
Information Filed (Arraignment Waived)

1
04/29/2014
McCormick, Richard E. Jr.
Order Granting Motion for Continuance

Continuance granted until July 2014 TT by motion of defense. Defendant to file motion in next 30 days.
1
06/26/2014
07/15/2014
Remain on Trial List

1

Continuance granted until the September Trial Term by motion of the Court. Exclude time. The Court is unable
to try any more cases in the July '14 Trial Term. Order signed by Judge Hathaway for Judge McCormick.
1
08/25/2014
Hathaway, Rita D.
09/11/2014
Hathaway, Rita D.

3 days
1

Continuance granted until the November Trial term by motion of the CW. Include time. Status to be scheduled
October CMC before Judge Pezze.
1
10/17/2014
Pezze, Debra A.
10/27/2014
10/27/2014

1
Subpoena
2
Subpoena
CPCMS 9082
Printed: 07/26/2016

DOCKET
CRIMINAL DOCKET
Court Case
v.
Aaron Nigro
ENTRIES
Page 6 of 9
Sequence Number
CP Filed Date
10/27/2014
12/18/2014
Feliciani, Christopher A.
Document Date
Filed By
Subpoena
1
3 day trial. Defendant present.
1
12/29/2014
12/29/2014
Pennsylvania
12/29/2014
Pennsylvania
01/15/2015
Subpoena
2
Subpoena
3
Subpoena
1

Continuance granted until March Trial Term by motion of defense. Exclude time. Trial counsel was in trial in
Fayette County and unavailable for January Trial Term.
1
02/23/2015
Bilik-DeFazio, Meagan

4 days. Defendant was not present.
1
03/19/2015
03/19/2015
03/19/2015
Subpoena
2
Subpoena
3
Subpoena
CPCMS 9082
Printed: 07/26/2016

DOCKET
CRIMINAL DOCKET
Court Case
v.
Aaron Nigro
ENTRIES
Sequence Number
CP Filed Date
03/27/2015
Document Date
Page 7 of 9
Filed By

It is hereby ordered that the trail scheduled for 3/2/2015 is continued.
Judge DeFazio.
1
Trial is specially set for 5/4/2015 before
04/10/2015
Petition for Writ of Habeas Corpus

2
04/10/2015
Order Scheduling Hearing

It is hereby ordered, adjudged, and decreed that the CAO shall schedul a hearing on the within petition for the
next available CMC.
1
04/23/2015
Hathaway, Rita D.

It is hereby ordered that the within case is continued from the call of the list on 4/21/2015 and the May 2015 trial
term to the next available trial term of court. The continuance counts against the defense relative to Rule 600.
3
05/05/2015
Order Scheduling Hearing

Hearing was held. Sworn Testimony taken from CW Witness 1. The undersigned recuses from this case. Case
should be re-assigned and scheduled for a Habeas Corpus hearing as soon as possible. Case is on July Trial
List.
2
05/15/2015
Order Granting Motion for Recusal

This Court hereby recuses itself from this case due to a conflict of interest. The Court Administrator is directed to
reassign this case to another judge and schedulel all pending motion and any further proceedings accordingly.
3
05/15/2015
Transcript of Proceedings Filed

Habeas Corpus Proceedings heard 5/5/2015 before Judge Bilik-DeFazio.
1
#223-19
06/24/2015
Kline, Bryan L.
06/24/2015
Court Exhibit Received

Storage E 228#19
2
Order Granting Petition for Writ of Habeas Corpus

Petition for Habeas Corpus is granted. The grading of the charges are to be reduced at Counts 1 & 2 to M3.
CPCMS 9082
Printed: 07/26/2016

DOCKET
CRIMINAL DOCKET
Court Case
v.
Aaron Nigro
ENTRIES
Page 8 of 9
Sequence Number
CP Filed Date
06/24/2015
06/26/2015
Document Date
Filed By
Information Filed
1
Transcript of Proceedings Filed

Habeas Corpus Hearing heard 6/24/2015 before Judge McCormick.
1
#223-88
06/29/2015
Hathaway, Rita D.

Continuance granted until September trial term by motion of CW, include time.
1
07/01/2015
Notice of Appeal to the Superior Court

2
07/01/2015
Order Granting Motion for Transcripts

It is hereby Ordered that the Notes of Testimony of June 24, 2015 Omnibus Pre-Trial Hearing be transribed.
3
07/01/2015
Concise Statement Order

The Commonwealth is hereby ORDERED and DIRECTED to file of record a Concise Statement of the Errors
Complained of on Appeal, including references to those places in the record where the issues raised on appeal
arise, no later than July 23, 2015.
1
07/13/2015
Superior Court of Pennsylvania
Docketing Statement from Superior Court

1043 WDA 2015
1
07/23/2015
Pennsylvania
Concise Statement of the Matters Complained on Appeal

1
07/29/2015
Opinion of Court Pursuant to Rule 1925a of the Pa Rule of Appellate Procedure

The Court hereby issues the following Opinion in support of the ordered appealed from, indicating those places
in the record where such reasons for the court's ruling can be found, pursuant to Pa Rule of Appellate Procedure
1925a
CPCMS 9082
Printed: 07/26/2016

DOCKET
CRIMINAL DOCKET
Court Case
v.
Aaron Nigro
ENTRIES
Page 9 of 9
Sequence Number
CP Filed Date
08/05/2015
Kline, Bryan L.
08/05/2015
Kline, Bryan L.
Document Date
Filed By
Evidence Transfer
Superior Court
2
Case Correspondence
Copies sent to DA, Defendant, and Defense Attn.
3
08/05/2015
Kline, Bryan L.
Certificate and Transmittal of Record to Appellate Court

1
08/14/2015
Original Record Received by Superior Court

1
05/05/2016
Kline, Bryan L.
Evidence Transfer Returned

2
05/05/2016
Certificate of Remittal/Remand of Record

3
05/05/2016
Remanded for New Trial - Superior Court

We conclude that the trail court erred in granting i the defendant's petition for habeas corpus relief, based upon
Commonwealth's failure to present evidence of valve. Order reversed, case remanded for trail; Superior Court
jurisdiction relinquished. Judgement entered.
4
05/05/2016
05/09/2016
Original Record Returned

1
Place on Trial List
This matter is hereby placed on the next available trial list.
1
07/07/2016
Hathaway, Rita D.
CPCMS 9082
Printed: 07/26/2016

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COURT OF COMMON PLEAS OF WESTMORELAND COUNTY

Cross Court Docket Nos: 1043 WDA 2015

Date Filed: 01/31/2014

Originating Docket No: MJ-10201-CR-0000158-2013

Initiation Date: 05/07/2013

Initial Issuing Authority: Mr. James Falcon

Final Issuing Authority: Mr. James Falcon

Arresting Agency: Greensburg Psp

Arresting Officer: Johnson, Joshua B.

Case Local Number(s)

Awaiting Appellate Court Decision

Awaiting Formal Arraignment

Awaiting Filing of Information

Remanded - Awaiting New Trial

COURT OF COMMON PLEAS OF WESTMORELAND COUNTY

Senior Judge Alfred B. Bell

Call of the Criminal

President Judge Richard E.

President Judge Richard E.

Call of the Criminal

President Judge Richard E.

President Judge Richard E.

Call of the Criminal

Judge Rita D. Hathaway

Judge Rita D. Hathaway

Call of the Criminal

Judge Debra A. Pezze

Judge Debra A. Pezze

Call of the Criminal

Judge Christopher A. Feliciani

Judge Christopher A. Feliciani

Call of the Criminal

Judge Meagan Bilik-DeFazio

Judge Meagan Bilik-DeFazio

Call of the Criminal

Judge Rita D. Hathaway

Judge Rita D. Hathaway

Judge Meagan Bilik-DeFazio

Judge Christopher A. Feliciani

President Judge Richard E.

Call of the Criminal

Judge Debra A. Pezze

Judge Debra A. Pezze

Judge Christopher A. Feliciani

Call of the Criminal

Judge Rita D. Hathaway

Judge Rita D. Hathaway

COURT OF COMMON PLEAS OF WESTMORELAND COUNTY

City/State/Zip: Irwin, PA 15642

Nebbia Status: None

Theft By Unlaw Taking-Movable Prop

Theft By Decep-False Impression

Theft By Unlaw Taking-Movable Prop

Theft By Decep-False Impression

Defendant Was Present

Lower Court Disposition

Defendant Was Not Present

9,001 / Theft By Unlaw Taking-Movable Prop

Held for Court

9,002 / Theft By Decep-False Impression

Habeas Corpus Hearing

COURT OF COMMON PLEAS OF WESTMORELAND COUNTY

9,001 / Theft By Unlaw Taking-Movable Prop

Replaced by 18 3921 A, Theft By Unlaw Taking-Movable Prop