BROCKWAY — A Mercersburg man faces felony charges of burglary and criminal trespass following an Aug. 6 incident.

Brockway Borough Police have filed charges against Joshua Eugene Toporzycki, 40, of Mercersburg, including two felony charges of burglary and criminal trespass, three misdemeanor charges of fleeing police, resisting arrest, and disorderly conduct, and a summary charge of public drunkenness.

According to the affidavit of probable cause, police responded to an address from which Jefferson County Control had gotten a call reporting a strange man in the apartment. The caller then called back three more times, but would not say anything.

When police arrived on scene the caller explained she had been coming from behind her apartment when she saw Toporzycki had her apartment door open, and was about to walk inside. The victim got his attention and confronted him. He called her by her first name, and acted very nervous, she said. The victim reported Toporzycki kept asking for food and water, then asked to sleep in her bed.

The victim also said the man became agitated every time her phone rang, and asked her not to answer. She told police she gave Toporzycki four of her Klonopin, thinking it would calm him down.

She gave police a description, and told them he walked toward 5th Avenue, but did not see where he went after that. She also said Toporzycki allegedly told her he was wanted, and his wife and children do not live in the area.

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While police were searching for Toporzycki, a witness told them they had seen him walking through someone’s backyard off Arch Street. The owner of the property said they saw him walking along the creek, and that he could be in his grandson’s wooden camp.

According to the affidavit, police found Toporzycki in the Curry Creek, but he ran from them once they got close to him. Police continued to hear brush snapping, and searched the area. Finally, after some searching they found the man standing in the creek, and he refused to come out. He attempted to find another escape route, but the brush was thick enough that he could not.

Once Toporzycki was brought from the creek, officers asked to have someone come evaluate him. He was having trouble staying awake, and allegedly admitted to officers he had taken the four Klonopin earlier.

According to the affidavit, officers learned there were warrants for his arrest, and the arresting agency, Franklin County would seek his return. Toporzycki was transferred to the DuBois Hospital.

He is currently being held in the Chambersburg Jail, and is awaiting his preliminary hearing on Sept. 25 with Magisterial Judge David Inzana.

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