Lans­dale man ac­cused of sex­ual as­sault waives pre­lim­i­nary hear­ing

North Penn Life - - Opinion - By Bradley Sch­legel



The Lans­dale man ac­cused of sex­u­ally as­sault­ing an un­der­age girl waived his right to a pre­lim­i­nary hear­ing Feb. 21 be­fore District Judge oobert Sobeck.

In ex­change, the pros­e­cu­tion agreed not to seek — for now — a manda­tory min­i­mum sen­tence against Ti­mothy Pa­trick Du­ni­gan Is, ac­cord­ing to de­fense at­tor­ney oobert Ad­shead.

The sen­tence could force DunLJDn, 19, WR VHUvH fivH RU 10 years in a state prison, ac­cord­ing to Ad­shead.

“Agree­ing to xthe waiver] was an easy de­ci­sion,” the de­fense at­tor­ney said. “This hear­ing means ab­so­lutely noth­ing. All the waiver means is that my client wants his day in court.”

Pros­e­cu­tors made the deal to elim­i­nate the need to have the girl tes­tify, ac­cord­ing to Jeremy Abidi­wan-Lupo, a Mont­gomery County as­sis­tant district at­tor­ney.

He said au­thor­i­ties could de­cide to seek the sen­tence against Du­ni­gan in the fu­ture.

Du­ni­gan — of the 700 block of Columbia Av­enue in Lans­dale — has been ac­cused of four counts each of rape by the threat of force, statu­tory sex­ual as­sault, in­vol­un­tary de­vi­ate sex­ual in­ter­course with a child, in­vol­un­tary de­vi­ate sex­ual in­ter­course with the threat of forcible com­pul­sion, sex­ual as­sault and ag­gra­vated in­de­cent as­sault of a child and in­de­cent as­sault of a per­son less than 13 years old and one count of ter­ror­is­tic threats, ac­cord­ing to in­for­ma­tion posted on the Penn­syl­va­nia Ju­di­ciary Web Por­tal.

An amended crim­i­nal com­plaint, filed Feb. 21 by au­thor­i­ties, with­draws one charge of rape of a child against the de­fen­dant.

The girl told au­thor­i­ties in lcto­ber that she had been sex­u­ally as­saulted by the de­fen­dant on sev­eral oc­ca­sions, ac­cord­ing to the RULJLnDO DI­fiGDvLW RI SUREDEOH FDuVH fiOHG DW WKH FRuUW of District Judge Harold Borek.

The new com­plaint states the girl told au­thor­i­ties the as­saults started when she was 4 or 5 years old.

7KH RULJLnDO DI­fiGDvLW states that the in­ci­dents oc­curred be­tween the sum­mer of 2006 and lcto­ber of 2012.

In it, the girl re­port­edly told au­thor­i­ties Du­ni­gan forced her to play “Doc­tor,” and that she was forced to per­form oral sex on him.

$FFRUGLnJ WR WKH fiUVW fiOing, Du­ni­gan threat­ened to break both of her arms so she couldn’t do any­thing to stop him, as well as al­legedly threaten that the as­saults “would get worse” if she did any­thing to stop the in­ci­dents.

In­ter­viewed by au­thor­i­ties, Du­ni­gan said the re­la­tion­ship started dur­ing the sum­mer af­ter he was in sixth grade, ac­cord­ing to the orig­i­nal court pa­pers.

The lan­guage of the new DI­fiGDvLW HOLPLnDWHV Dny al­leged in­ci­dents that oc­curred be­fore the de­fen­dant turned 18, ac­cord­ing to Ad­shead.

It pro­vides de­tails of al­leged en­coun­ters be­tween Du­ni­gan the girl be­tween June and lcto­ber of last year.

The de­fen­dant re­mains free on A5,000 bail. His for­mal ar­raign­ment has been sched­uled for April 10 in Norristown, ac­cord­ing to Sobeck.

Borek re­cused him­self from the case, ac­cord­ing to Abidi­wan-Lupo.

Ti­mothy Pa­trick Du­ni­gan IV ar­rives in Blue Bell for a hear­ing in District Court Feb. 21.

Photo By Ge­off Pat­toN

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