Commonwealth v Leonard Omar Riley:  On January 11, and January 12, 2016, Leonard Omar Riley appeared before Dauphin County Judge John F. Cherry for two separate non-jury trials.  A non-jury trial, also known as a “bench” or “judge” trial, consists of a judge sitting as the decider of facts instead of a jury; it is ultimately up to the judge to determine whether the Commonwealth proves a defendant guilty beyond a reasonable doubt.

On January 11, 2016, Judge Cherry heard testimony regarding criminal docket CP-22-CR-5649-2014.  Factually, on June 4, 2014, around 6:00 p.m., the Harrisburg Police Vice Unit was looking for Riley, a wanted fugitive that had an arrest warrant for a felony drug charge and because he had absconded from State Parole.  Detectives had information that Riley was operating a black Chrysler 300.  Around 6:00 p.m., detectives observed the black Chrysler 300 parked in the area of the 1400 block of Shoop Street, a high-crime/high-drug area.  Eventually, surveillance units observed an individual enter the vehicle, make an illegal three-point turn, and drive the wrong way on Shoop Street.  After following the vehicle for a few blocks, Harrisburg police officers conducted a traffic stop for the previously observed traffic violations.  Upon approaching the vehicle, detectives confirmed the driver was in fact Leonard Riley, and Riley was immediately detained.  When Riley was detained detectives found Riley in possession of $115, a cell phone, and a Newport cigarette box containing a corner-tie baggie of cocaine base, packaged for sale.  After obtaining a search warrant for the cell phone found on Riley, a subsequent search and analysis of the phone uncovered multiple drug-related conversations confirming Riley was in the business of selling narcotics.  As a result of this conduct Riley was arrested and charged with Possession with Intent to Deliver a Controlled Substance. 

After hearing testimony from detectives, and from Riley himself, Judge Cherry found Riley guilty of Possession with Intent to Deliver a Controlled Substance.  Riley was immediately sentenced to serve 18-36 months in a state correctional institution.  Additionally, Riley was ordered to pay a $1,000.00 fine and court costs.

In the second trial, held on January 12, 2016, following just over an hour of testimony, Judge Cherry again found Riley guilty of Delivery of a Controlled Substance and Criminal Use of a Communication Facility; these charges were filed under docket CP-22-CR-5291-2014.  Factually, on May 6, 2014, the Harrisburg Police Vice Unit was utilizing a confidential informant to investigate city drug dealers.  Around 3:00 p.m., the confidential informant called a drug dealer known to the confidential informant as “Mac.”  It was arranged that “Mac” would sell a bundle, or ten bags, of heroin for $70 in the area of Logan and Woodbine Streets.  It was relayed to detectives that this was the area “Mac” frequently sold his controlled substances.  The confidential informant and the confidential informant’s vehicle were both searched for any controlled substances, items of drug paraphernalia, and money; no contraband was found on the confidential informant or within the confidential informant’s vehicle. 

Then, around 3:40 p.m., the confidential informant followed Vice detectives to the area and parked on Logan Street.  Around 3:42 p.m. a black Chrysler 300 drove into the area and parked on Logan Street.  “Mac” was observed exiting the vehicle and walking around Logan Street to conduct his own “surveillance” of the area; detectives were immediately able to confirm “Mac” was in fact Leonard Omar Riley.  Riley then re-entered his vehicle, drove around the block, and parked behind the confidential informant’s vehicle.  The confidential informant was then observed entering Riley’s vehicle and quickly exiting roughly 30 seconds later.  It was later learned that Riley did deliver a bundle of heroin to the confidential informant.  As a result of this conduct, Riley was subsequently charged with Unlawful Delivery of a Controlled Substance and Criminal Use of a Communication Facility (for using his cell phone to arrange a felony drug transaction).

After hearing testimony from detectives involved, Judge Cherry found Riley guilty of each charged offense.  Riley was then immediately sentenced to serve 39-78 months’ incarceration, and was ordered to pay a fine of $1,500 and additional court costs.  Additionally, Judge Cherry ordered that this 39-78-month sentence was to run consecutively to the 18-36-month sentence Riley received on January 11th.  In all, Riley was sentenced to serve an aggregate term of incarceration of 57-114 months in a state correctional institution.

This case was prosecuted by Deputy District Attorney Andrew J. Jarbola, IV.