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 boils down to an unsupported claim.

In a recent decision to consider challenges offered on behalf of former athletic director Charles N. Burch, President Judge Wade A. Kagarise denied a motion to dismiss the third-degree felony.

“The court agrees with the Commonwealth that any inconsistency must be decided by the jury,” Kagarise wrote.

State Attorney General Lauren Eichelberger, in court hearings and court documents, acknowledged that she amended the original charges to indicate that the alleged threat took place on or around February 19, 2020, rather than on February 20, 2020, on based on a recording showing a cell phone call between the teenager and his mother at 7:51 a.m. on February 19, 2020.

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

The teenager, who testified at Burch’s preliminary hearing in January, said he answered “weird things” but did not elaborate. In response, the teenager said Burch said he would take care of it, then told him not to tell anyone or he could be suspended or benched from the football team.

The teenager reported calling his mother after that meeting because he said he was upset about the possibility of being suspended or benched.

During a May hearing before Kagarise, defense attorney Thomas K. Hooper pointed out to the judge that during a preliminary hearing in January, the teenager admitted that he did not know when his meeting with Burch took place and that he “threw a random encounter. outside.”

The defense attorney also recalled the teenager’s testimony indicating that he was in a third period English class when he was called to Burch’s office, which is not supported by the cell phone recording showing a call from 7:51 in the morning.

During a subsequent hearing on 24 September, Hooper called witnesses to further challenge the alleged series of events. Michael Lingenfelter, a retired technology coordinator for the school district, did not identify any phone calls between Burch’s office and a third period English classroom on February 19 or 20, 2020.

At the same hearing, witnesses said Burch was assigned to the gym from 7:30 a.m. to 7:55 a.m. on Feb. 19, 2020, and to a suspended classroom in the school during third period on February 20, 2020.

In response to this testimony, Eichelberger took the position that blanket statements about where someone was supposed to be were insufficient to indicate that a crime did not occur.

She took the position that it was up to a jury to evaluate credibility issues and conflicts of evidence, prompting Kagarise to agree with her recent ruling.

At the Sept. 24 hearing, Hooper said he did not know how Eichelberger could proceed ethically in a case where the credibility of the only witness had been undermined.

Eichelberger, after that hearing, declined to comment.

Hooper, after learning of Kagarise’s ruling, said he understood the court’s position because credibility issues — by law — are generally left to a jury. But he also said he believed he had given enough reasons for the charge to be dismissed.

“Everything that (the teenager) testified to, except for his unsubstantiated claim of a threat, the Commonwealth now agrees did not happen,” Hooper said. “We were hoping that the court would find that the request is completely without merit. We trust the will of the jury.”

Based on an Oct. 23 review of pending cases, Burch’s case is one of several that will be considered for jury selection on Dec. 16. Burch remains free on $50,000 unsecured bail.

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

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

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

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

BASD solves the second process

By Kay Stephens

[email protected]

HOLLIDAYSBURG — The Bellwood-Antis School District has settled a second civil lawsuit filed on behalf of a female student who was sexually assaulted by authorizing an insurance provider to make $1.6 million in payments to the student and the law firm that represented him.

The district’s action is similar to action taken in November 2023, when the district authorized 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, the students accused former middle school wrestling coach Ryan Blazier of sexually assaulting them on school grounds in 2019 and 2020.

Blazier is currently incarcerated at the State Correctional Institution in Green, serving a 21- to 42-year prison sentence. He continues to appeal the seven sexual assault convictions handed down at his October 2021 criminal trial, where the two student victims testified.

The settlement in the second civil suit emerged in July, when a document was filed in Blair County Circuit Court indicating that the case had been resolved. School district attorney Carl Beard, in response to a right-to-know request from the Altoona Mirror for a copy of the settlement agreement, said it was approved at the June board meeting.

Under the latest settlement, the district’s insurance company is ordered to make a $1.11 million payment to the student victim and Marcus & Mack, whose Indiana County attorneys represented the student in court.

In addition, the settlement authorizes the insurance company to pay $490,000 to Prudential Assignment Settlement Services Corp., which will issue monthly payments and lump sums to the student victim through 2046.

In the first civil suit, the district authorized a $550,000 payment to the named student victim and to Marcus & Mack. It authorized an additional payment of $450,000 to be distributed monthly through 2048 to that student.

Because both settlements contain confidentiality clauses, those involved in negotiating the terms and amounts declined to comment on the settlements or explain the differences in payments. Violations could lead to infringement charges and claims for damages.

Privacy clauses, however, acknowledge disclosures as permitted by law. This includes releasing regulatory documents recognized in Pennsylvania as public records and available for access under the state’s Right to Know Act.