CLEARFIELD — Daniel Ocrotty, 37, of Curwensville, who is accused of burglary and violating a Protection From Abuse order, waived his right to a preliminary hearing before Magisterial District Judge Jerome Nevling Wednesday at Centralized Court held at the Clearfield County Jail.
Ocrotty is charged with burglary-overnight accommodations-person present, bodily injury crime — a felony of the first degree, criminal trespass, break into structure — a felony of the second degree, defiant trespass-actual communication to — a misdemeanor of the third degree and harassment — a summary.
According to the affidavit of probable cause, on Dec. 7, at 8:54 p.m., Clearfield Borough police were dispatched to the victim’s residence on Clearfield Street. The victim had texted a friend that Ocrotty was in the residence. Police were aware that the victim had a PFA against Ocrotty and there were active warrants for Ocrotty’s arrest for a previous simple assault charge, in which he fled from police.
Lawrence Township police was also asked to respond to the scene.
Clearfield Borough Police Sgt. Nathan Curry reported that he could hear a man and a woman yelling at each other inside the residence, but both the front and back doors were locked.
Curry knocked on the door but there was no response so he declared that he was going to break the door down. Curry reported he could hear running inside the residence and the victim then opened the door. Ocrotty was found standing in an upstairs closet and was arrested.
Lawrence Township Police arrived and Ocrotty was taken to the Clearfield County Jail.
The victim told police that at approximately 8:30 p.m., she was in her attic getting Christmas decorations when she heard a “thud.” She then left the attic and heard the floor creaking. Believing it to be Ocrotty she sent a message to a friend using Facebook Messenger stating that he had broken in.
Ocrotty then confronted her on the stairs and said he was there to give her back some money he had taken from her. The victim told Ocrotty to leave and he then began to cry and said he was sorry and said he wasn’t there to hurt her.
As he approached her, the victim said she screamed. She said she then heard the police knocking and ran down the stairs and unlocked the front door.
The victim said she believed Ocrotty entered the residence through a window because she had locked all the doors. She showed police the suspected window; it was unlocked and it appeared someone had pushed up the screen to enter the residence.
Nevling bound over all charges to court and kept bail at $50,000 monetary since Ocrotty was recently given a state prison sentence.
On Tuesday, Judge Paul Cherry found Ocrotty guilty of indirect criminal contempt for a previous PFA violation. According to testimony at the hearing, on July 21, Ocrotty, while incarcerated at the Clearfield County Jail, sent two letters, one to the victim and one to the victim’s daughter, in violation of the final PFA order issued on July 11, 2016.
Cherry found Ocrotty guilty and sentenced him to serve 90 days to six months in state prison.