Bail is excessive for man accused of tussling with New Kensington police, his attorney says

A Homewood man who was temporarily using a wheelchair following a confrontation with police in January can be released from jail if he posts a $100,000 bond, a judge ruled Monday.

Westmoreland County Common Pleas Judge Scott Mears said Anthony Swann, 47, can pay 10% of the bond, $10,000, and return home to await trial.

Despite that ruling, Anthony Swann, 47, will remain in jail, defense attorney Kenneth Haber said.

“To him that is no bail. He can’t pay. He’s not a wealthy man, so that’s the same as no bail. It’s incarcerating him and finding him guilty, and it’s not fair. Bail that is denied is no different than a bail that is excessive,” Haber said. “He’s being incarcerated because he’s a poor man.”

Swann was charged with aggravated assault, disarming a law enforcement officer, simple assault and resisting arrest.

Swann has been in jail since his arrest after a Jan. 13 traffic stop on Freeport Road in New Kensington. Police said Swann was a passenger in the stopped vehicle and became unruly as police attempted to question the driver, who was accused of operating a vehicle with a broken tail light and an expired registration.

New Kensington police Officer Tyler Balla testified Swann was removed from the vehicle, and violence erupted when his pregnant daughter arrived in another car after being summoned to the scene and began to record video of the incident.

Swann rushed toward his daughter and, as police attempted to intervene, he and Balla fought as police attempted to take him into custody. Balla testified Swann repeatedly punched him in the face and disarmed him as he attempted to deploy a Taser.

Balla said his face was bruised.

Haber told the judge Swann’s injuries included a broken leg and ankle, a punctured lung and a concussion.

He argued Swann is neither a flight risk nor a danger to the community.

“If released, he’ll stay out of New Kensington and, if he takes his lawyer’s advice, he’ll stay out of New Kensington for the rest of his life,” Haber said.

Assistant District Attorney Jim Lazar argued Swann is a continued danger to the community.

“This was a routine traffic stop that escalated to the point where everyone is hands-on,” Lazar said.

Swann’s daughter, Lanai Rashawn Thrower, 26, of New Kensington, was charged with aggravated assault and misdemeanor counts of obstruction, resisting arrest and disorderly conduct for her alleged role in the incident and is free on $10,000 unsecured bond.

Shakur Taleek Bruce, 27, of Pittsburgh, the driver of the vehicle initially stopped by police, was charged with misdemeanor charges of obstruction, disorderly conduct and resisting arrest. According to court records, he is free on a recognizance bond and is slated to appear March 28 before Magisterial District Judge Frank Pallone for a preliminary hearing.