~puc's Number `conservation' Hindered By Deregulation, Fcc And Old Rules

Anna Sokash Of Main Street, Swoyersville,

By DAVID WEISS dweiss@leader.net
 Wednesday, January 03, 2001 &nbsp;&nbsp;&nbsp;&nbsp;Page: 11A 





WILKES-BARRE - The attorney for a man accused of fleeing a police officer
told jurors the officer was ``out of control'' when he approached the man and
later shot at his vehicle outside a bar. &nbsp;&nbsp;&nbsp; 
 James Giarratano, 36, of Wapwallopen, Conyngham Township, is on trial in
Luzerne County Court of Common Pleas on charges of driving under the
influence, reckless endangerment and fleeing police. &nbsp;&nbsp;&nbsp; Fairview Township officer Eric Aigeldinger testified Tuesday he approached
Giarratano outside the Broadway Tavern at 11:30 p.m. March 31 of last year
because he thought Giarratano had drugs in his car. &nbsp;&nbsp;&nbsp; 
 But Giarratano's attorney, Joseph Sklarosky Sr., said Giarratano didn't
know Aigeldinger was an officer cop and fled the scene because he thought he
was being robbed. &nbsp;&nbsp;&nbsp; 
 Aigeldinger fired a shot at the vehicle's front tire after he was dragged a
short distance while reaching inside to shut the vehicle off. Aigeldinger said
he could have been seriously injured or killed. Giarratano was arrested by
Wright Township police. &nbsp;&nbsp;&nbsp; 
 Sklarosky told jurors Giarratano was ``petrified'' when Aigeldinger
approached him. &nbsp;&nbsp;&nbsp; 
 ``He hadn't done a thing wrong,'' Sklarosky said. ``As he was leaving the
parking lot, someone was reaching in trying to shut the car off.'' &nbsp;&nbsp;&nbsp; 
 Sklarosky also indicated Giarratano might have been blinded by the police
lights, preventing him from seeing who was approaching his vehicle. &nbsp;&nbsp;&nbsp; 
 Aigeldinger said he and officer David Fitch were in the area on a report of
debris on the roadway when he pulled into the tavern's parking lot. He checked
Giarratano because he saw him move as though he was trying to put something
under his seat. From his law enforcement experience, Aigeldinger said, the
movement made him believe Giarratano might have drugs in his car. No drugs
were found, Aigeldinger said. &nbsp;&nbsp;&nbsp; 
 Aigeldinger said he pulled his marked patrol car in front of Giarratano's
vehicle. He said he twice asked Giarratano what he had ``in the bag'' before
Giarratano drove away. &nbsp;&nbsp;&nbsp; 
 Testimony will continue today before Judge Patrick J. Toole Jr. &nbsp;&nbsp;&nbsp; 
 David Weiss, a Times Leader staff writer, can be reached at 831-7397. &nbsp;&nbsp;&nbsp; 
 &nbsp;&nbsp;&nbsp;

Attorney Chastises Cop For Shooting At Car 
James Giarratano, Accused Of Fleeing From Police, Did Not Know The Man
Approaching His Car Was A Police Officer, Says His Lawyer.

Attorney Chastises Cop For Shooting At Car James Giarratano, Accused Of Fleeing From Police, Did Not Know The Man Approaching His Car Was A Police Officer, Says His Lawyer.