Bellwood-Antis School District: Count v. Principal | News, sports, work

HOLLIDAYSBURG — A Blair County judge has refused to dismiss a witness/victim intimidation charge filed against a former Bellwood-Antis School District administrator, even though the administrator’s attorney says the case amounts to nothing more than a baseless claim.

In a recent ruling to address complaints filed on behalf of former athletic director Charles N. Burch, President Judge Wade A. Kagarise denied a motion to dismiss the third-degree felony charge.

“The court agrees with the Commonwealth that any inconsistencies are for the jury to decide,” Kagarise wrote.

State Attorney General Lauren Eichelberger, in court hearings and in court documents, confirmed that the original charges had been amended to indicate that the alleged threat occurred on or about February 19, 2020, rather than February 20, 2020, based on a recording showing the phone mobile conversation between a teenager and his mother at 7:51 on February 19, 2020.

At the time of the alleged threats, state police were investigating sexual assault allegations against middle school wrestling coach Ryan Blazier. The charges against Burch say he called one of the teenage victims into his office and asked if anything was going on at wrestling practice.

The teenager, who testified at Burch’s preliminary hearing in January, said he responded “weird” but did not go into details. In response, the teenager said Burch would take care of it and then told him not to tell anyone or he might be suspended or benched on the football team.

The teenager testified that he called his mother after the game because he expressed concern about being suspended or benched.

During Kagarise’s May court hearing, defense attorney Thomas K. Hooper pointed out to the judge that during a January preliminary hearing, the teenager admitted that he did not know when his encounter with Burch occurred and that he “threw a random date outside.”

The defense attorney also recalled the teenager’s testimony, which showed that he was called to Burch’s office during the third English lesson, which is not confirmed by the telephone call record, which showed the time at 7:51.

During a subsequent hearing on September 24, Hooper called on witnesses to continue to question the alleged sequence of events. Michael Lingenfelter, a retired technology coordinator for the school district, did not identify any telephone calls between Burch’s office and the third-grade English class on February 19-20, 2020.

At the same hearing, witnesses said Burch was placed on auditorium duty from 7:30 a.m. to 7:55 a.m. on February 19, 2020, and placed on classroom probation during third period on February 20, 2020.

In response to this testimony, Eichelberger took the position that general statements about where someone was supposed to be were not sufficient to show that no crime had occurred.

She took the position that it was up to the jury to evaluate issues of credibility and evidentiary conflicts, which led Kagarise to agree in her recent ruling.

At the September 24 hearing, Hooper said he did not know how Eichelberger could ethically proceed in a case in which the credibility of the only witness was questioned.

After this hearing, Eichelberger declined to comment.

After learning about Kagarise’s ruling, Hooper said he understood the court’s position because credibility issues are typically left to a jury under the law. However, he also stated that he believed he had provided sufficient reasons to dismiss the charges.

“Everything that (the teenager) testified to, except for his baseless threat claim, which the Commonwealth now confirms, did not occur,” Hooper said. “We hoped that the court would find the lawsuit completely baseless. We trust the will of the jury.”

Based on an October 23 review of pending court cases, Burch’s case is one of several cases that will be heard before jury selection on December 16. Burch will remain free on $50,000 unsecured bail.

In a related case, jury selection is scheduled for Dec. 2, with Timothy Andrekovich of Tipton, former head wrestling coach at Bellwood-Antis.

Represented by attorney Lance Marshall of State College, Andrekovich faces a felony charge of endangering the welfare of a child in a case in which he is accused of failing to implement a security plan that would have prevented Blazier from having unsupervised access to students.

Blazier, convicted by a jury in October 2021 of criminal sexual assault, is serving a sentence of 21 to 42 years in prison.

Mirror Staff Writer Kay Stephens at 814-946-7456.

BASD settles second lawsuit

Author: Kay Stephens

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HOLLIDAYSBURG — The Bellwood-Antis School District has settled a second civil lawsuit filed on behalf of a student victim of sexual assault, authorizing the insurer to pay $1.6 million to the student and the law firm representing him.

The district’s actions are similar to those taken in November 2023, when the district approved a $1 million payment to settle the first civil lawsuit filed on behalf of another student who was also identified as a victim of sexual assault.

In both cases, students accused former middle school wrestling coach Ryan Blazier of sexual assault on school property in 2019 and 2020.

Blazier is currently incarcerated at the State Correctional Facility in Green, serving a sentence of 21 to 42 years in prison. He is still appealing seven sexual assault convictions from an October 2021 jury trial in which two student victims testified.

The settlement in the second civil lawsuit came in July, when a document was filed in the Blair County Courthouse showing the case had been resolved. School district general counsel Carl Beard, in response to a Right-to-Know request from the Altoona Mirror for a copy of the settlement, said it was approved at the June board meeting.

Under the latest agreement, the district’s insurance company will pay $1.11 million to the student victim and Marcus & Mack, whose Indiana County attorneys represented the student in court.

Additionally, the agreement authorizes the insurance company to pay $490,000 to Prudential Assignment Settlement Services Corp., which will provide monthly and lump-sum payments to student victims through 2046.

As part of the first civil settlement, the district approved a $550,000 payment to the victim student and Marcus & Mack. It authorized an additional payment of $450,000 that would be distributed to that student each month through 2048.

Because both settlements contain confidentiality clauses, those involved in negotiating the terms and amounts have been prohibited from commenting on the arrangements or explaining payment differences. Violations may result in accusations of infringement and claims for damages.

Confidentiality clauses, however, recognize disclosures as permitted by law. This includes the release of billing records that are considered public records in Pennsylvania and available for access under the state’s right to know law.