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Wyoming Area superintendent says threat ‘suspect’ identified, no weapon found

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<p>WILKES-BARRE &#8212; State Rep. Tarah Toohil was granted a three-year restraining order against former boyfriend and fellow state Rep. Nicholas Miccarelli on Thursday under an agreement hashed out behind closed doors.</p><p>Both Toohil and Miccarelli declared victory after the deal was announced by visiting Bradford County Judge Jeffrey Smith.</p><p>&#8220;I am pleased today to say that we got everything we wanted,&#8221; said Toohil&#8217;s co-attorney Jarrett Ferentino. &#8220;There is a protection from abuse order in place that Nick Miccarelli cannot have contact with Rep. Toohil. He&#8217;s not allowed to possess firearms unless it&#8217;s in connection with his service with the National Guard. We got 100 percent of what we wanted and that&#8217;s what Tarah requested. She found her voice and achieved what we set out to do today.&#8221;</p><p>Toohil&#8217;s voice was never heard in the courtroom, as the agreement was reached in private meetings with Ferentino and co-attorney Shannon Crake Lapsansky and Miccarelli&#8217;s attorneys, Joseph Podraza Jr. and Joel Frank.</p><p>&#8220;We are very pleased,&#8221; Podraza said. &#8220;There is no admission of guilt whatsoever. Today we&#8217;re very happy (that) when we did have a chance with the process to be heard, we got justice.&#8221;</p><p>Toohil, 38, claimed Miccarelli, 35, subjected her to physical and verbal abuse and death threats during their romantic relationship, which ended in 2012. She claimed Miccarelli continued to engage in harassing and threatening behavior since they split, including at the state Capitol, where they work.</p><p>Judge Smith outlined the terms of the agreement in court:</p><p>&#8226; Miccarelli is prohibited from having any contact with Toohil for three years.</p><p>&#8226; Miccarelli is prohibited from carrying and possessing firearms with the exception of his duties with the National Guard.</p><p>Podraza advised Smith that all personal firearms in Miccarelli&#8217;s possession had been surrendered when Toohil was granted a temporary PFA by Luzerne County Judge Michael Vough on March 9.</p><p>After the hearing, Miccarelli&#8217;s attorneys explained the prohibition does not extend to contact that may occur on the House floor while the Legislature is in session.</p><p>Toohil, of Butler Township, represents the 116th District. Miccarelli, of Ridley Park, Delaware County, represents the 162nd District. Both are Republicans.</p><p>Normally, PFA hearings are held inside Courtroom 5 with limited security.</p><p>Thursday&#8217;s proceeding was moved to a larger courtroom with heightened security. Anyone other than employees entering the courthouse had to surrender their cell phones through entrance security checkpoints and walk through a metal detector. Those entering the courtroom were subjected to being searched by hand and with a hand-held detector.</p><p><strong>No contact for years</strong></p><p>After the hearing, Miccarelli said he agreed to the terms to simply settle the issue.</p><p>&#8220;I&#8217;ve had little to no contact with Rep. Toohil for years and years, probably six years,&#8221; Miccarelli said. &#8220;What I&#8217;m telling you, I&#8217;ve had little to no contact with her for a long time.&#8221;</p><p>If the PFA &#8220;settles the matter,&#8221; Miccarelli said, &#8220;I&#8217;m OK with it.&#8221;</p><p>When asked about Toohil&#8217;s allegations in her PFA that he subjected her to verbal and physical abuse and death threats, Miccarelli called her claims &#8220;false.&#8221;</p><p>&#8220;The constituents of my district know me. The outpouring of support from them has been unbelievable. They want me to continue to serve as their representative. I plan to stand for re-election and we&#8217;re going to leave this to the voters.&#8221;</p><p>Ferentino said Toohil remains &#8220;fearful&#8221; of Miccarelli.</p><p>&#8220;She&#8217;s absolutely still fearful of him,&#8221; he said.</p><p>As Miccarelli felt vindicated with the agreement with no admission of wrongdoing on his behalf, Ferentino said he expected the response.</p><p>&#8220;I would expect no less than a denial but I can tell you that Rep. Toohil stands by every single statement she&#8217;s made here at the courthouse and wherever this leads.</p><p>&#8220;Rep. Nick Miccarelli agreed to a protection from abuse order today after being accused of very, very serious abuse allegations,&#8221; Ferentino added. &#8220;I don&#8217;t know what planet that would seem vindication.&#8221;</p><p><strong>Trading allegations</strong></p><p>Prior to attorneys meeting privately, Miccarelli filed a motion seeking dismissal of Toohil&#8217;s request for a restraining order, arguing her petition is &#8220;baseless, untrue&#8221; and intended to cause him personal and professional harm.</p><p>&#8220;Toohil&#8217;s statements that Defendant Miccarelli threatened her with a firearm, physically struck her, and verbally abused her are completely false and are solely the vengeful words of a former lover with an agenda,&#8221; his motion states.</p><p>In his filing, Miccarelli contends:</p><p>&#8226; Toohil&#8217;s petition primarily describes events that occurred more than five or six years ago, yet Toohil &#8220;now is suddenly fearful for her safety.&#8221;</p><p>&#8226; That Toohil&#8217;s &#8220;current complaints&#8221; are limited to Miccarelli walking past her office in the state Capitol and standing close to her desk on the House floor.</p><p>&#8220;Plaintiff Toohil&#8217;s statements are not credible,&#8221; the motion states. &#8220;If she was seriously concerned for her safety, she would have contacted the police or law enforcement back in 2011 and 2012 when these alleged events occurred.&#8221;</p><p>Miccarelli &#8220;has no history of violent or dangerous behavior,&#8221; the filing adds.</p><p>The motion was not argued in court.</p><p>Podraza criticized the temporary PFA, as it was granted without Miccarelli being given the chance to contest it until Thursday.</p><p>&#8220;When the PFA was filed and he was not heard, he was excluded from the Capitol,&#8221; Podraza said. &#8220;He came here today and he faced that. Today, he leaves going back to the Capitol as rightfully he should.&#8221;</p><p><strong>Other accuser</strong></p><p>Toohil, along with another unnamed woman, also filed a complaint Feb. 8 with state House officials in Harrisburg. House Republican leaders said Wednesday they had completed an investigation, and ordered a copy of their report and related files to be sent to the Dauphin County district attorney for his review.</p><p>Ferentino said Toohil feels safer with the three-year restraining order and his eager to return to Harrisburg.</p><p>&#8220;She&#8217;s been working with members of the Capitol to ensure additional security measures. This order coupled with some measures taken in Harrisburg has provided her with a sense of safety and calm,&#8221; Ferentino said.</p><style>
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<div class="neCaption">State Rep. Nick Miccarelli speaks to reporters after his PFA hearing Thursday. State Rep. Nick Miccarelli speaks to reporters after a protection from abuse hearing Thursday in Luzerne County Court.  </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2018/03/web1_TTL031618Toohil3-2.jpg</photo0><caption0>State Rep. Nick Miccarelli speaks to reporters after his PFA hearing Thursday. State Rep. Nick Miccarelli speaks to reporters after a protection from abuse hearing Thursday in Luzerne County Court.  </caption0><photoCredit0>Aimee Dilger | Times Leader </photoCredit0></div><div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2018/03/web1_SRM_7263-12.jpg">
<div class="neCaption">State Rep. Nick Miccarelli, left, is seen walking toward the Luzerne County Courthouse on Thursday morning for a hearing on the protection from abuse order sought against him by fellow state Rep. Tarah Toohil. </div></div><div class="metaInfo"><photo1>https://www.timesleader.com/wp-content/uploads/2018/03/web1_SRM_7263-12.jpg</photo1><caption1>State Rep. Nick Miccarelli, left, is seen walking toward the Luzerne County Courthouse on Thursday morning for a hearing on the protection from abuse order sought against him by fellow state Rep. Tarah Toohil. </caption1><photoCredit1>Sean McKeag | Times Leader </photoCredit1></div><div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2018/03/web1_DSC_3751-12.jpg">
<div class="neCaption">State Rep. Tarah Toohil, center, arrives at the Luzerne County Courthouse on Thursday morning for a hearing in her protection from abuse case against fellow state Rep. Nick Miccarelli. </div></div><div class="metaInfo"><photo2>https://www.timesleader.com/wp-content/uploads/2018/03/web1_DSC_3751-12.jpg</photo2><caption2>State Rep. Tarah Toohil, center, arrives at the Luzerne County Courthouse on Thursday morning for a hearing in her protection from abuse case against fellow state Rep. Nick Miccarelli. </caption2><photoCredit2>Sean McKeag | Times Leader </photoCredit2></div><div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2018/03/web1_TTL031618Toohil1-2.jpg">
<div class="neCaption">State Rep. Tarah Toohil and her attorney, Jarrett Ferentino, listen to media questions on the Luzerne County Courthouse steps Thursday after a protection from abuse hearing against state Rep. Nick Miccarelli. </div></div><div class="metaInfo"><photo3>https://www.timesleader.com/wp-content/uploads/2018/03/web1_TTL031618Toohil1-2.jpg</photo3><caption3>State Rep. Tarah Toohil and her attorney, Jarrett Ferentino, listen to media questions on the Luzerne County Courthouse steps Thursday after a protection from abuse hearing against state Rep. Nick Miccarelli. </caption3><photoCredit3>Aimee Dilger | Times Leader </photoCredit3></div></div>
<div class="metaInfo"><bylineMeta><p>By Ed Lewis</p><p>elewis@www.timesleader.com</p><p>By Patrick Kernan</p><p>pkernan@www.timesleader.com</p></bylineMeta></div>

Toohil granted PFA, with no admission of wrongdoing by Miccarelli