Judge finds suspended Westmoreland sheriff's captain not guilty of trespassing charge
A suspended Westmoreland County sheriff’s captain was acquitted Monday of trespassing at the state police barracks in Greensburg.
Senior Common Pleas Judge Richard E. McCormick Jr., following testimony from three witnesses during a summary appeal hearing, ruled there was not enough evidence to support the citation issued against Travis Day last February. Day, 24, of Jeannette was cited for driving into a restricted parking area at 2 a.m. Feb. 10, 2018.
In August, he was fined $192 after being convicted in absentia after failing to appear at a hearing before a magisterial district judge.
Day, who acted as his own lawyer Monday, told the judge he was ordered by a policeman into the restricted area and was originally released with only a warning. Day said he and his brother were attempting to turn around after leaving a rent check at a home across the street from the police property.
The citation was issued days later after Day complained to the state police about the way he was treated during the incident.
“It was unbecoming,” Day said of the incident.
Trooper John Robertson testified he was directed by a supervisor to issue the citation to Day after he lodged his complaint.
The judge said he relied on testimony from Akeile Goater, Day’s passenger who affirmed his brother’s story, to reach the not guilty finding.
Day was hired as the third-ranking member of the sheriff’s office a month after the incident. He has been off the job since August.
He was suspended without pay since after being discharged from a 19-week state training course at Penn State University for new sheriff department deputies. Police in State College charged Day last year with harassment and stalking offenses in connection with allegations he had improper contact with a female student while at the training course.
Day has denied the allegations, and his case is still pending.
He declined Monday, citing advice from a lawyer, to comment about his legal troubles and his status with the sheriff’s department.
Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich at 724-830-6293 or firstname.lastname@example.org.