Private Criminal Complaint Filed by Former Bedford DA Dismissed

Former Bedford County District Attorney William Higgins was confronted in a store by a man he had once prosecuted, leading him to file a private criminal complaint which was quickly dismissed by a judge because Higgins did not follow proper procedures.

According to court documents, on April 1, Higgins and his teenage daughter were at the Bedford Township Sheetz store when Charles Horsh, 32, began yelling at Higgins in a threatening manner.

Court records show that when Higgins was Bedford County’s DA, he prosecuted Horsh for a June 8, 2011, fire at Trinity Lutheran Church in Bedford that caused $250,000 in damages. Horsh ultimately pled no contest to arson, institutional vandalism, intentional desecration of a public monument, and burglary in exchange for a 10-to-20-year prison sentence.

According to Higgins’ complaint, Horsh entered the store and yelled at Higgins, and as Horsh was leaving the store he goaded Higgins to step outside. Higgins followed Horsh outside where Horsh made “threatening and aggressive” motions toward Higgins and challenged him to a fight saying, “I have been waiting for this opportunity for 10 years,” and that he would kill Higgins if Higgins touched him.

Higgins alleges that he walked away from Horsh and re-entered the store and Horsh followed him and yelled that Higgins “Put me in (jail) 10 years for a crime I did not commit.”

On April 11, Bedford State Police filed a summary charge of harassment with physical contact against Higgins for chest bumping Horsh, but no charges were filed against Horsh. On April 21, Higgins filed a private criminal complaint against Horsh through Magisterial District Judge Kevin Diehl’s office charging Horsh with three summary counts of disorderly conduct and two summary counts of harassment.

On April 26, Bedford County President Judge Travis Livengood dismissed Higgins’ complaint on grounds of improper filing. According to Livengood’s written opinion, Higgins did not notify or seek approval from District Attorney Dwight Diehl of his intentions to file as required under Pennsylvania Code Rule 506.

“Prior to filing the Private Criminal Complaint, Affiant did not notify an attorney for the commonwealth of his intent to file the Private Criminal Complaint, nor did Affiant submit the Private Criminal Complaint to any attorney for the Commonwealth for approval.”

Livengood said Higgins “simply marked on the Private Criminal Complaint that prior approval by an attorney for the Commonwealth was ‘Not Required.’”

Higgins could still pursue charges against Horsh but must comply with Code 506 if he does, according to Livengood’s opinion.