(Towanda, PA) – A Bradford County Court jury has convicted a Towanda woman at a recent trial on charges of Driving Under the Influence of a Controlled Substance and Use/Possession of an Incapacitation Device. Shana J. McAlmont, 37, of Towanda, Pa., was found guilty after a jury deliberated for approximately 30 minutes before returning the verdict.
The verdict follows an investigation in October 2021 by Trooper Ryan Joyce of the Pennsylvania State Police. Joyce was called to a private residence in Leroy Township in Bradford County for report of a disturbance. The homeowners, who were also the victims, reported that McAlmont arrived at their property in a vehicle and attempted to use an electronic incapacitation device, or a stun gun, on one of the victims.
Joyce responded and found McAlmont behind the wheel of her vehicle with the engine running, parked touching the roadway where the victims’ driveway joined State Route 414. Joyce reported that McAlmont exhibited signs of being under the influence of a controlled substance, was arrested after testing and taken to Towanda Memorial Hospital for a blood draw, which revealed the presence of methamphetamine in her blood.
At trial, McAlmont argued she was capable of safe driving on the date of the arrest and that she had utilized the incapacitation device in self-defense. In Pennsylvania, the Commonwealth has the burden of proving a defendant’s use of force is not justifiable under the circumstances or that the defendant did not believe the force was ever justifiable to convict a defendant that raises a self-defense claim. In this case, the Commonwealth also needed to prove the incapacitation device was not accompanied by a label or instructions as to how it is to be used safely.
McAlmont is scheduled for sentencing on March 16, 2023, at 2:30 p.m., in Courtroom 2 of the Bradford County Courthouse before the Honorable Evan S. Williams, IIITh
The DUI is considered an ungraded misdemeanor and carries a mandatory minimum sentence of 72 hours and a maximum of six months of incarceration. It also carries mandatory fines from $1,000 to $5,000 and a 12-month suspension of McAlmont’s driver’s license.
The Possession of an Incapacitation Device is a misdemeanor of the first degree, which carries a possible maximum of 5 years of incarceration and a maximum fine of $10,000.
