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.
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
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
President Judge Richard E.
McCormick Jr.
Continued
Call of the Criminal
List
06/26/2014
9:00 am
President Judge Richard E.
McCormick Jr.
Scheduled
Trial
07/07/2014
9:00 am
President Judge Richard E.
McCormick Jr.
Continued
Call of the Criminal
List
08/25/2014
9:00 am
Courtroom 7
Judge Rita D. Hathaway
Scheduled
Trial
09/08/2014
9:00 am
Courtroom 7
Judge Rita D. Hathaway
Continued
Call of the Criminal
List
10/17/2014
1:15 pm
Courtroom 3
Judge Debra A. Pezze
Scheduled
Trial
11/03/2014
9:00 am
Judge Debra A. Pezze
Continued
Call of the Criminal
List
12/18/2014
9:00 am
Judge Christopher A. Feliciani
Scheduled
Trial
01/05/2015
9:00 am
Judge Christopher A. Feliciani
Continued
Call of the Criminal
List
02/23/2015
9:00 am
Judge Meagan Bilik-DeFazio
Scheduled
Trial
03/02/2015
9:00 am
Judge Meagan Bilik-DeFazio
Continued
Call of the Criminal
List
04/21/2015
9:00 am
Judge Rita D. Hathaway
Scheduled
Trial
05/04/2015
9:00 am
Judge Rita D. Hathaway
Continued
Habeas Corpus
Hearing
06/08/2015
9:00 am
Courtroom 1
Judge Meagan Bilik-DeFazio
Moved
Habeas Corpus
Hearing
06/09/2015
1:30 pm
Courtroom 5
Judge Christopher A. Feliciani
Moved
Habeas Corpus
Hearing
06/24/2015
1:30 pm
Courtroom 2
President Judge Richard E.
McCormick Jr.
Scheduled
Call of the Criminal
List
06/29/2015
1:15 pm
Courtroom 3
Judge Debra A. Pezze
Scheduled
Trial
07/06/2015
9:00 am
Judge Debra A. Pezze
Continued
Trial
09/14/2015
9:00 am
Judge Christopher A. Feliciani
Cancelled
Call of the Criminal
List
07/07/2016
9:00 am
Judge Rita D. Hathaway
Scheduled
Trial
07/11/2016
9:00 am
Judge Rita D. Hathaway
Scheduled
CPCMS 9082
Courtroom 2
Courtroom 5
Courtroom 1
Courtroom 7
Courtroom 7
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.
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
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
9,001 / Theft By Unlaw Taking-Movable Prop
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
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.
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
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
9,001 / Theft By Unlaw Taking-Movable Prop
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
Galloway, Richard H.
Entry of Appearance
2
Appearance and Waiver of Arraignment
CPCMS 9082
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.
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
ENTRIES
Page 5 of 9
Sequence Number
CP Filed Date
02/07/2014
Commonwealth Court of
Pennsylvania
02/25/2014
Commonwealth of Pennsylvania
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
McCormick, Richard E. Jr.
07/15/2014
McCormick, Richard E. Jr.
Remain on Trial List
1
Order Granting Motion for Continuance
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.
Remain on Trial List
3 days
1
Order Granting Motion for Continuance
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
Commonwealth of Pennsylvania
10/27/2014
Commonwealth of Pennsylvania
Remain on Trial List
1
Subpoena
2
Subpoena
CPCMS 9082
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.
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
ENTRIES
Page 6 of 9
Sequence Number
CP Filed Date
10/27/2014
Commonwealth of Pennsylvania
12/18/2014
Feliciani, Christopher A.
Document Date
Filed By
Subpoena
1
Remain on Trial List
3 day trial. Defendant present.
1
12/29/2014
Court of Common Pleas Westmoreland County
12/29/2014
Commonwealth Court of
Pennsylvania
12/29/2014
Commonwealth Court of
Pennsylvania
01/15/2015
Feliciani, Christopher A.
Subpoena
2
Subpoena
3
Subpoena
1
Order Granting Motion for Continuance
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
Remain on Trial List
4 days. Defendant was not present.
1
03/19/2015
Court of Common Pleas Westmoreland County
03/19/2015
Commonwealth of Pennsylvania
03/19/2015
Commonwealth of Pennsylvania
Subpoena
2
Subpoena
3
Subpoena
CPCMS 9082
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.
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
ENTRIES
Sequence Number
CP Filed Date
03/27/2015
Document Date
Page 7 of 9
Filed By
Bilik-DeFazio, Meagan
Order Granting Motion for Continuance
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
Galloway, Richard H.
Petition for Writ of Habeas Corpus
2
04/10/2015
Bilik-DeFazio, Meagan
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.
Order Granting Motion for Continuance
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
Bilik-DeFazio, Meagan
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
Feliciani, Christopher A.
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
Bilik-DeFazio, Meagan
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
McCormick, Richard E. Jr.
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
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.
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
ENTRIES
Page 8 of 9
Sequence Number
CP Filed Date
06/24/2015
McCormick, Richard E. Jr.
06/26/2015
McCormick, Richard E. Jr.
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.
Order Granting Motion for Continuance
Continuance granted until September trial term by motion of CW, include time.
1
07/01/2015
Commonwealth of Pennsylvania
Notice of Appeal to the Superior Court
2
07/01/2015
McCormick, Richard E. Jr.
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
McCormick, Richard E. Jr.
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
Commonwealth Court of
Pennsylvania
Concise Statement of the Matters Complained on Appeal
1
07/29/2015
McCormick, Richard E. Jr.
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
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.
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
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
Court of Common Pleas Westmoreland County
Original Record Received by Superior Court
1
05/05/2016
Kline, Bryan L.
Evidence Transfer Returned
2
05/05/2016
Superior Court of Pennsylvania
Certificate of Remittal/Remand of Record
3
05/05/2016
Superior Court of Pennsylvania
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
Superior Court of Pennsylvania
05/09/2016
McCormick, Richard E. Jr.
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.
Remain on Trial List
CPCMS 9082
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.