Disabled Man Says Threats to Punch
and Strangle Judge Were Hollow Ones

New York Lawyer
December 20, 2007

GREENSBURG, Pa. (AP) - A man accused of threatening to punch and strangle a judge says the charges should be dismissed because, given that he has no legs and limited use of his arms, there was no way he could deliver.

"The question is, who would honestly believe it?" defense attorney Richard Galloway said Tuesday at a hearing on Samuel Shoemaker's motion to dismiss the charges against him. "It was simply one of many times when people come out of family court blowing off steam and making threats they didn't mean."

Shoemaker, 49, of Hempfield Township, was charged last year with retaliation against a judicial official and making terroristic threats against Westmoreland County Judge John Driscoll on April 18, 2006. Driscoll had just ruled against Shoemaker, who wanted a paternity test to avoid child-support payments.

Driscoll testified Tuesday that he was concerned about the threat.

"It was flagrant behavior that was intended to threaten Judge Driscoll," District Attorney John Peck said. "(Shoemaker's) not incapable of effectuating his threats."

A different judge is expected to rule on whether to dismiss the charges sometime next year.

Shoemaker lost his legs about a decade ago when he was severely burned after coming in contact with a high-voltage wire.

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