An attorney for a 66-year-old Smithton man charged with vandalizing a veterans service club he was banned from three years ago doubts his client would hold a grudge that long.
David E. Primm, the former commander of American Legion Post 790 in Smithton, is accused by state police of pouring “a large amount of oil” on the railing and walkway outside the post on May 12th, allegedly causing $1,812 in damages. Primm was charged with criminal mischief and criminal trespass.
Primm’s attorney, Ken Burkley of Greensburg, said Primm denies he committed the vandalism while the club on First Street was closed during the coronavirus pandemic.
Trooper Jeffrey Bamberg alleges the vandalism was captured on surveillance tape and members suspected it was Primm, who was banned for life from the club in 2017, according to court documents.
“That was three years ago … that’s a long time for someone with no prior (criminal) history would act out on a grudge,” Burkley said.
“I really can’t comment further until the preliminary hearing Aug. 3,” Burkley said.
The club posted photographs of the damage on social media, sent its posts to media outlets and noted that several American Legion club members have been subpoenaed to testify at Primm’s hearing.
After viewing the security video, Bamberg reported in court documents, he acquired a search warrant and police seized a green flannel shirt and red tassel cap from Primm’s home identical to items the suspect was believed wearing during the incident.
But Burkley maintains the vandal wasn’t Primm.
“We deny it and will present our arguments at the hearing before Judge (Charles) Christner in August,” Burkley said.
