Three Charges Dismissed in Borgia Case

| December 21, 2018

FRANKLIN, Pa. (EYT) – Three of the charges filed against a Franklin man who allegedly sent threatening letters to several officials and others Venango County residents have been dismissed as the case moves forward.

Court documents indicate the following charges against 61-year-old Nicholas Joel Borgia, of Franklin, were dismissed on Monday, December 17:

  • Retaliation Against Prosecutor or Judicial Official, Felony 2
  • Retaliation For Past Official Action, Misdemeanor 2 (two counts)

According to Borgia’s attorney, Marco Attisano, of Pittsburgh, the charges were dismissed due to not being appropriate for the accusations.

“If you look at the statute and the case law, the allegations made don’t add up to the charges,” Attisano told ExploreVenango.com.

“The charges talk about harm and the law is very clear what it means by harm, and it means physical harm. And there was never any allegation of physical harm. He should have never had to face a felony charge; there’s no basis in law for it.”

Attisano also noted that Borgia has maintained his innocence from the beginning of the investigation and continues to maintain his innocence.

The following charges against Borgia are currently slated to proceed to court:

  • Terroristic Threats With Intent To Terrorize Another Misdemeanor 1 (three counts)
  • Stalking – Repeatedly Communicate To Cause Fear, Misdemeanor 1 (two counts)
  • Harassment – Communicate Repeatedly in Anonymous Manner, Misdemeanor 3 (six counts)

The case continues to work its way through the court system.

According to Attisano, the defense still has time to file a pre-trial motion, though he did not go into further detail.

Borgia was released from the Venango County Jail and granted house arrest with electronic monitoring on Wednesday, November 28.

Details of the case:

According to a criminal complaint, threatening letters were sent to Judge Robert Boyer, District Attorney Shawn White, Venango County Commissioner Albert Anthony Abramovic, two known lawyers, as well as other Venango County residents who were connected in some manner to Borgia.

The complaint notes that a known female stated that her friends brought it to her attention that they received anonymous letters in the mail that were harassing and derogatory in nature. The woman related that she was familiar with an additional letter received by a known man who was her good friend earlier in the summer of 2018. She said her friend believed Nicholas Borgia sent the letter, so he sent Borgia a letter back in return.

The woman said that she started to learn of many other individuals who had received letters in the mail that were terrorizing in nature. She said all the people that have been receiving letters have a connection to Borgia.

The woman related to Trooper Haun that in the morning hours of Thursday, October 18, she drove to Borgia’s residence and started to “snoop” around. She noted that Borgia knew she was going to his house.

According to the complaint, the woman reported that in the open dining office area of Borgia’s house is an oak desk. She said she opened the desk drawer and saw boxes of white envelopes with paper stapled together with Borgia’s handwriting on the paper. She said that the paper was a long list of people’s names and addresses, as well as some of the people’s family members names. The woman reported that she discovered that every person on the list had received terrorizing letters, including Judge Boyer, District Attorney White, Commissioner Abramovic, the two attorneys, and her friend.

The complaint notes that Trooper Haun interviewed all of the individuals during the investigation and all of them had received threatening letters.

According to the complaint, the woman indicated there were also plastic gloves in the desk beside the paper. She related this was disturbing to her because she now knew that Borgia was “acting crazy and secretive,” and she didn’t know “what he’s capable of next.” She also reported that there were American Flag stamps beside the paper in the desk and showed Trooper Haun photographs she had taken of the items.

Borgia was arraigned on Friday, October 19, in Magisterial District Judge Matthew T. Kirtland’s office.

RELATED:

Franklin Man Accused of Sending Threatening Letters to Officials, Others


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