Oct. 3--WILKES-BARRE, PA-- A New York man who pushed past firefighters to remove a package from a burning building is facing aggravated assault charges after getting into a scuffle with police, according to court documents.
Michael R. Davis, 39, of Brooklyn, is accused of resisting arrest after repeatedly entering a cordoned area of a house fire burning Sunday night at South Sherman and East South streets. Investigators are now trying to determine the composition of a burned substance -- believed to be illegal drugs -- that was found in the home where Davis confronted firefighters, according to police.
According to a police affidavit, firefighters responding to the fire that broke out around 6:20 p.m. first encountered Davis inside the burning building. Davis shoved past the firefighters and entered a room to remove an unidentified package before exiting the structure, according to police.
Police then saw Davis get into a car and recklessly back up, nearly hitting a crowd of people on the sidewalk, police said. Officers stopped Davis, and said he will be hit with traffic charges.
After that encounter, Davis repeatedly crossed police tape put up because of concerns that the building might collapse, police said. Officers again confronted Davis and explained the danger, and he indicated he would not cross the line again, according to police.
But then Davis pushed his way through a group of about a half-dozen firefighters and paramedics inside the danger zone, police said. When officers tried to stop him, Davis tried to push past them too, police said.
Officer Shane Smith handcuffed Davis' right hand and tried to take him into custody, but Davis "violently pulled away" and tried to escape, according to police. Smith brought Davis to the ground and tried to subdue him, sustaining injuries to his hands during the scuffle, police said.
Davis eventually gave up after Smith pulled his Taser and threatened to stun him, according to police.
But with Davis in custody, a second man, Jose J. Soto, 39, of Wilkes-Barre, began threatening firefighters who had been assisting police, according to the affidavit. Soto told firefighters he was going to slap them and refused orders to get behind the police tape, tearing the tape down, police said.
Smith handcuffed one hand, but Soto raised the other in an attempt to avoid being cuffed, police said. In doing so, he revealed a fully loaded Glock .45-caliber pistol tucked into his waistband, according to police.
Officers disarmed Soto, who refused to comply with orders and was arrested after police applied "substantial force" to get him in custody, police said.
According to the affidavit, firefighters discovered burned substances inside the home where Davis previously confronted the firefighters. The substances are being tested to determine if they were illegal drugs or an accelerant used to start the fire, according to the affidavit.
Police charged Davis with aggravated assault, disorderly conduct, resisting arrest and obstructing justice. Soto was charged with resisting arrest, obstructing justice and disorderly conduct.
Magisterial District Judge Daniel O'Donnell arraigned both men Monday morning and set bail at $25,000 for Davis and $2,500 for Soto. Both men were jailed at the Luzerne County Correctional Facility.
Contact the writer: [email protected]; 570-821-2058
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