SMETHPORT — A Bradford man accused of assaulting a woman and a Bradford City police officer was sentenced Friday in McKean County Court to a term of 3 ½ to 11 years in state prison.
Mark A. Andress, 51, was found guilty by a jury on March 21 of two counts of simple assault and one count each of aggravated assault and resisting arrest. He was also convicted of a summary harassment charge.
Andress was also ordered by visiting Senior Judge William Morgan to pay $15,314 in restitution to the State Workers Insurance Fund, have no contact with Bradford City Assistant Police Chief Michael Ward or Carol Vanhorn and undergo mental health and drug and alcohol evaluations. He has 291 days of credit for time served.
Court records filed at the time of the incident indicated he choked Vanhorn and tried to push her toward an open window that had a screen in it. Police were dispatched to the domestic dispute, and Andress fled. He was found leaving an elevator, then was aggressive toward police, fighting hand-to-hand with officers, putting one in a chokehold and allegedly breaking Ward’s leg so badly it required surgery.
Assistant District Attorney Michael Alfieri said prior to sentencing that he agreed with the prison term recommended by the probation department — 3 ½ to 11 years. To achieve this term, he asked that charges for each assault be served consecutive — or one after the other — to each other, rather than concurrent — or at the same time — as they are two separate crimes.
Alfieri said he “has an appreciation” for the work police officers do and added that the assault will impact the officer for the rest of his life. Ward was called to the home that day to respond to a domestic dispute. “It will impact his ability to do his job.”
“He has a record dated back 30 years,” Alfieri said referring to Andress’ long criminal history.
However, Andress’ attorney, Jarett Smith, said he believed the conviction was based not on Ward’s broken ankle, but rather on Andress choking an officer. According to Smith, a doctor who was involved with treatment did not say Andress caused the broken ankle. “I don’t think that was the underlying cause of conviction.” Smith also questioned the validity of the injury the female victim suffered, saying there were no marks on her face where he thought there should have been.
Smith asked the sentence be arranged so Andress would only serve 2 to 5 years in state prison.
Smith indicated the judge would likely see a post-sentence motion and appeal, but also said— prior to sentencing — that he wanted to withdraw as counsel. Morgan told him the motion should not be made until after he imposed a sentence on Andress.
On his own behalf, Andress said, “I have just gotten my life back together.” According to him, the female victim moved in with him after being evicted from a different apartment. “I gave her a place to stay.” However, the pair was not getting along, and he was trying to get her out of his apartment.
“I didn’t have a chance to tell my side of the story because if I told my story on the stand, it would go against me on my record,” he said.
Smith brought Andress’ brother, Alan Andress, to speak, too. Morgan was hesitant to allow Alan Andress to speak, but gave him permission as long as he spoke about the sentencing, not about the details of the case.
“I can’t retry the case,” said Morgan. “The jury has made its decision.” He further explained, if Alan Andress talked about the circumstances of the crimes, he was not going to listen. “If he wants to talk on his brother’s character, I’ll listen.”
Alan Andress explained that while he did “not see eye to eye” with his brother, he was there on his mother’s behalf. He knows Mark Andress has not been “an angel,” but explained he has has hardships in his life that caused him to have issues, such as being beaten as a child and eating lead paint chips.
“Mark’s not all there,” Alan Andress said. “He doesn’t think right.” He agreed that his brother has been working to get his life together by taking prescribed medication, getting his own apartment and not taking drugs illegally.
Alan Andress began talking about the specific details of the case, but Morgan stopped him.
“I’m not going to listen to you try to excuse what he did,” Morgan said. The judge had the sheriff’s department escort Alan Andress from the front of the courtroom.
