Ex-police chief waives hearings in assault case
Some charges withdrawn in expectation of pleas later
Former Colwyn Police Chief Ishmial Johnston entered negotiated conditional waivers on two criminal cases set for preliminary hearings before Magisterial District Judge Michael Culp Thursday.
Assistant District Attorney Allison Velez said the prosecution would withdraw one count of harassment in the first case with the understanding that Johnston would waive and later enter a non-trial disposition on another charge of simple assault.
In the second case, Velez said prosecutors were withdrawing charges of possessing a device for intercept communications, stalking and criminal use of a communication facility. In exchange, Johnston is expected to enter a non-trial disposition to charges of intercept communications, invasion of privacy and witness intimidation.
Defense attorney Shaka Mzee Johnson agreed on those terms.
Johnston, 32, most recently employed as a patrolman at Cheyney University, was initially charged with domestic assault and related offenses Oct. 27 following an alleged scuffle with his girlfriend at the victim’s home in the 1000 block of Lawrence Avenue in Darby.
An affidavit for that case written by Delaware County Detective Lt. Daniel McFarland stated that Johnston grabbed the victim by the neck during an argument, slammed her onto the bed
and hit her.
The victim told detectives that Johnston said there was nothing she could do about the assault because he is “the cops,” according to the affidavit.
Police reported seeing fresh marks on the woman’s neck, chest, right cheek and a hand.
Johnston told officers he had been dating the alleged victim for a number of months and had bought an engagement ring.
He said their relationship started to hit a rough patch after he heard the alleged victim on a surveillance camera in the bedroom speaking to her mother about him.
Johnston said the woman told her mother she found the engagement ring and returned it to the store without his knowledge, which made him want to end the relationship.
Johnston said the fight occurred after he went to end the relationship and collect his things.
In Johnston’s telling, the woman became angry over the breakup, an argument ensued and he was pushed out the front door.
Johnston said he called a friend who worked for Darby police to see who was working. That person was not on duty, and at that point Johnston called 911.
Darby officers arrived and arrested Johnston, who was initially charged with simple assault and harassment.
Johnston told detectives that he had captured the conversation setting off the fight on a bedroom camera, and it would verify his story.
Johnston said thE camera was disguised as a phone charger that he set up and synced to his phone.
The home was searched with the woman’s permission, and the hidden camera was recovered. The woman said she did not authorize Johnston to record within the home.
Detectives found the device taken from the bedroom contained several videos including four of the victim in the nude, all taken without permission.
The woman obtained a temporary protection-from-abuse order against Johnston, which was provided to Darby police on Oct. 30.
As a result of that order, a 9 mm Ruger, magazines and assorted
ammunition were seized from Johnston’s home and he was advised not to have any contact with the woman.
The woman’s mother told police she had spoken to Johnston for about two hours Oct. 29 and that he had sought a meeting with her daughter outside the county, saying he needed to encourage her not to appear in court because he could go to jail and lose custody of his daughter.
The mother said she told Johnston of a planned meeting the next day with detectives. Johnston allegedly urged her to convince the victim not to incriminate him.
That conversation and the bedroom camera resulted in charges of stalking, intercepting communications, possession of a device for intercepting communications, criminal use of a communication facility, invasion of privacy and witness intimidation.
Johnston was hired as Colwyn police chief in May 2022 but resigned in early October 2023. He had been with the department for
three years when he was made chief and had spent five years before as a Darby officer.
Johnston was previously arrested in 2018, while a Darby officer, under similar circumstances. He was charged in that case with simple assault, harassment, terroristic threats and disorderly conduct for a domestic incident with his girlfriend inside their Norwood apartment. Johnston later pleaded guilty to harassment.
He was named in a 2021 lawsuit alleging civil rights violations that the borough settled for $85,000 in 2022.
Johnston remains free on a total $75,000 bail for both cases and is scheduled for formal arraignment at the county courthouse in Media on Feb. 14.
Officials at Cheyney University did not respond to questions on Johnston’s current employment status there.