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Plea Hearing Set for Wednesday for Clarion Man Charged With Driving Through Yard, Breaking into Woman’s Apartment

Sunday, August 2, 2020 @ 12:08 AM

Posted by Aly Delp

gavel new aCLARION CO., Pa. (EYT) – A Clarion man who allegedly drove through a man’s yard and then broke into a woman’s apartment while under the influence of alcohol is scheduled to stand for a plea hearing in court on Wednesday.

Court documents indicate 37-year-old Michael Wayne Buzzard is scheduled to stand for a plea hearing in front of President Judge Sara J. Seidle-Patton at 9:15 a.m. on Wednesday, August 5, on the following charges:

– Burglary – Overnight Accommodation, No Person Present, Felony 1
– Criminal Trespass-Break Into Structure, Felony 2

– DUI: General Impairment/Incapable of Driving Safely – 1st Offense, Misdemeanor
– Criminal Mischief-Tamper With Property, Summary
– Damage Real Property By Operate Motor Vehicle, Summary
– Careless Driving, Summary
– Accident Damage To Unattended Vehicle Or Property, Summary

Buzzard is currently free on $25,000.00 unsecured bail.

The charges stem from an incident that occurred in Clarion Borough in late January.

Details of the case:

According to a criminal complaint, around 11:32 p.m. on Sunday, January 26, Officers Wright and O’Neil, of the Clarion Borough Police Department, were dispatched to meet with a caller in reference to a blue Toyota Tundra driving in his yard. The caller stated the Tundra had driven into his yard twice, and he saw it drive east on Heidrick Street and turn south on Grand Avenue.

The complaint notes the officers observed fresh tire tracks with the grass spun up into mud and ruts created in the caller’s lawn. Photographs of the damage were also taken.

Officer Wright then headed east on Heidrick Street and saw a blue Toyota Tundra parked in a known parking lot. He pulled into the lot and ran the plate on the vehicle. According to the complaint, while the plate was being run, a male walked out of a nearby apartment, and Officer Wright noticed the man was unstable on his feet.

Officer Wright then made contact with the man, later identified as Michael Wayne Buzzard, and asked him if the Tundra belonged to him. Buzzard allegedly stated it did. Officer Wright then explained he was responding to a report of a vehicle matching his driving through a yard and causing damage.

The complaint states that while speaking to Buzzard, Officer Wright noted a strong odor of an alcoholic beverage on his breath and observed his eyes were red and blood-shot, and his speech was slurred. Officer Wright also observed fresh tracks in the snow where Buzzard’s vehicle had come into the parking lot, as well as fresh mud on the rear passenger side tire of the vehicle.

According to the complaint, Buzzard stated he did not drive in anyone’s yard and said he had just pulled into the parking lot and gone inside of the apartment. The complaint states that when asked if he was drinking, Buzzard said “yes” and reported he had been drinking at a local bar. When questioned further about why he drank and then drove his vehicle, Buzzard allegedly said he was going to ask a known female if he could stay the night because it was “too far to drive home while he was drinking.” He also allegedly said he was at the apartment for less than 20 minutes, and did not have any alcohol while at the apartment.

Buzzard was then asked to perform Standardized Field Sobriety Tests. The complaint states Buzzard showed signs of intoxication during the tests, and a Preliminary Breathe Test (PBT) also yielded a positive result for the presence of alcohol on Buzzard’s breath.

Buzzard was placed into custody and advised he was under arrest for suspicion of driving under the influence of alcohol. He was then transported to Clarion Hospital for a blood draw.

According to the complaint, after being read the O’Connell Warnings for the blood test, twice, Buzzard began talking over top of Officer Wright, asking for “Officer Rob from the State Police.” He was then told he had no right to speak to anyone prior to deciding whether or not to submit to blood testing, and Buzzard allegedly said he was not going to make a decision until he was “permitted to speak to Officer Rob.”

The complaint states after being asked three times if he was going to submit to chemical testing, Buzzard’s response was documented as a refusal, and he was transported to the Clarion Borough Police Department, where he was later released to a family member and advised he would be receiving charges.

Around 5:50 p.m. on January 27, a known female reported she was out of town on January 26, and someone had entered her apartment. The victim stated her grill and table were broken outside of the window of the apartment. She told police the window of her residence was left open, and there were marks on the outside and inside wall of the apartment where someone climbed inside.

According to the complaint, Officer Wright informed the victim he had observed Buzzard leaving her apartment in the early hours of the morning, and the victim stated Buzzard had been told he was no longer permitted at her apartment. The victim also reported she had 18 missed calls from Buzzard the previous night while she was away from home. She told police that after she arrived home and saw her window open and the damage and thought of Buzzard’s calls, she had called and left him a voicemail advising that if he was in her apartment, she was going to press charges.

Buzzard was arraigned in front of Magisterial District Judge Duane L. Quinn at 10:01 a.m. on Wednesday, January 29.

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