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Whitpain Cop Found Not Guilty of Whitemarsh DUI

Gerald Schwartz, of Philadelphia, was relieved of his duty as a Whitpain police officer after being charged with DUI and harassment in August of 2011.

 

 

Former Whitpain Police Officer Gerald Schwartz, 46, of Philadelphia, was found not guilty on all charges relating to a August 2011 Whitemarsh incident, in which he was accused of driving under the influence and physically harassing his wife following a dispute in a local bar.

“Gerry is very happy that it’s over, and we got the right result,” said Schwartz’s attorney Edwin Guyer, of Blue Bell.  “This was a year and a half of stress for him, and we’re so glad that it’s over.”

The verdict was handed down on Feb. 21, after a bench trial with Montgomery County Court of Common Pleas Judge Joseph A. Smyth.

According to a previous Patch article, Schwartz, was charged after an alleged dispute with his wife on the 500 block of Bethlehem Pike, during which his wife dialed 9-1-1.

When officers from the Whitemarsh Police Department arrived to the scene, they described Schwartz as being visibly intoxicated, and a blood test would later show that Schwartz had trace amounts of oxycodone in his blood stream, as well as a blood-alcohol content of .26 percent, which is more than three-times the legal limit in Pennsylvania.

Montgomery County Assistant District Attorney Wallis Brooks, who prosecuted the case, said in a call to Patch that the not-guilty verdict occurred because prosecutors were not able to locate the harassment victim - Schwartz's wife - to testify in court. She was also the witness in the alleged drunk driving incident.

"Under those circumstances, it was an uphill battle for the Commonwealth," Brooks said. "We were unable to locate the essential witness in the case and, although we argued for conviction, we were unsuccessful."

Guyer did not respond on what this not guilty verdict meant for Schwartz’s employment with the Whitpain Police Department. Schwartz was relieved of his duty following a unanimous approval of a settlement and release agreement by the Whitpain Board of Supervisors in February of 2012.

Related Topics: Dui, Gerald Schwartz, Not Guilty, Whitpain Police, and whitemarsh police

Susan Watkins

1:01 pm on Friday, February 22, 2013

That is unbelievable!!! Anyone else would have received the minimum sentence if it the first offense. Must be nice to get away with a crime...and he is supposed to enforce and uphold the law! I feel sorry for his family and thank God no one got hurt. Hope he is getting therapy at least.

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brian shannon

9:28 pm on Friday, February 22, 2013

He is DUI if he was (is) in control of the vehicle, come on DA's office, even if standing beside it. Looks like "Risa" will not run to the TV cameras on this one. WOW!!!!!!!!!!!!!!!!!!!!!!! Nice to have friends

BridgetS

1:14 pm on Friday, February 22, 2013

How can you have a blood alcohol content of .26% and not be found guilty?

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sarah

1:44 pm on Friday, February 22, 2013

Wow! This is why there are rules that both the prosecution and the defense must follow. The circumstances surrounding Officer Schwartz's arrest were questionable, and this is why he was found not guilty. Over the past 1.5 years, the prosecution continually failed to prove their case. This is why it is imperative to hire a good defense attorney. This is why our judicial system works.

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Matthew

1:50 pm on Friday, February 22, 2013

Great, I am just so glad I got a DUI with .081 (2 Beers), thinking I was being responsible and this guy is cruising around with OXYs and booze .26 in his system freaking out on his wife. Got to love it!!!!!!! This guy will most likely be welcomed back to the force with open arms!

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Whitemarsh Resident

7:34 pm on Friday, February 22, 2013

I couldn't agree more with the previous comments above! It's a shame that the law doesn't apply to every citizen!!! Maybe everyone should just become a police officer which lets all remember are hired to protect and serve and arrest criminals not use there job to their advantage and get away with crimes! I'm sure he recused himself of his duties to look good and is still recieving pay! He should get a job at Walmart pushing carts! It's a shame the law only applys to some and not all! Disgrace to Montgomery County's Law enforcement!

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fmrRPRez

8:02 pm on Friday, February 22, 2013

Wait... what did they need the witness for? Was it to prove that he had been driving?

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Ashley c

10:12 pm on Friday, February 22, 2013

I'm soooo happy for officer Schwartz we knew he was not guilty it's ashame people who have no clue what's going on can have such negative comments since he was never driving the vehicle.well I am very happy for him and his family he is a wonderful person and if you ever met him you would see for yourself!god bless him the judge and his lawyer

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Heather

10:29 pm on Friday, February 22, 2013

Thank you Jesus!I am extremley happy for my Dad he should have NEVER of gone through all of this.he is a wonderful father,friend, son and Officer he has helped out so many people on and off the force for the last 27years of his career he would never hurt or disrespect anyone under any circumstances We know him best and know who he really is I just want to thank the Judge for really taking his time and looking it over as we'll as his lawyer Ed Guyer great guys! Thank you so much now we can all move on with our lives !!!!Great News

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Constitutional RIGHTS

10:50 pm on Friday, February 22, 2013

Too funny all of these comments above who really have no clue about what really happened! Typical America listening to all the BS news media blown up drama! First of all Gerald was found NOT GUILTY not only because his wife wasnt present to testify but because he was NOT behind the wheel of the car when the cops came and he did NOT have the keys his wife did! Who might i add had a very high blood alcohol count as well. So if someone should have been arrested it should have been his so-called wife. But NO automatically it was the COP that was arrested but the wife wasnt charged with anything! So a 911 tape you want to ruin someone's life, hard earned career and family? Seriously, think about what your really commenting on FALSE FACTS!

Go on Jerry Springer people get a life and stop bad mouthing people you don't even know or stories you want to believe thru media BS!

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Amanda Schwarrz

10:55 pm on Friday, February 22, 2013

Yes thank you God this is finally over. I am jerrys oldest daughter and so relieved to have this end. This has been such a hard time for all of us the past year and a half and now my Dad can finally sleep at night. For all you ignorant people who love to bash anyone you, thank you...you make us stronger. Yea my Dad drank but never drove. His crazy ex-wife is the one with the keys in her hand. Not my dad. And for the pills he is perscribed and does nt abuse them. Also, for abusing her that is completely incorrect. He has a very close relationship with ALL four of his daughters and would never lay a hand on ANY female. She hit my Dad NOT vice versa. So thank you to the lawyer and judge for seeing the truth in all this. My dad is a WONDERFUL MAN and i dont care who says otherwise, I KNOW HIM, YOU DONT. I love you dad and now we can finally move forward from all this!

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Constitutional RIGHTS

11:31 pm on Friday, February 22, 2013

Jerry started in law enforcement at a very young age! He made it his life to protect people as a police officer facing very difficult situations and challenges. Where were the people when he needed to be protected? They turned there back because he couldn't do for them anymore! Selfish huh?

Did anyone take the time to google his name and see all the rewards he achieved or Presidents he escorted no right away people focus on the negative.

Jerry is an amazing man, father and role model citizen who one day I hope walks with his head high again. The Montgomery County DA's Office should be sued for all they put him and his family through! 13 continuances a year and a half of hell!

Guess what though justice prevailed today! Finally, his life can continue, he can pick his head up off the pillow with no shame, no sadness, no fear.

Time to smile again Jerry and be the man you have always been and always will be wonderful! You know who loves ya!

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common cent's

6:20 am on Saturday, February 23, 2013

i have 2 believe amanda's story. but, i do have a tip. if with the ex, no alcohol !!!!! good luck!!!

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John W.

8:31 am on Saturday, February 23, 2013

There are two sides to every storyI dont believe anyone needs to come on here and explain themselves.The case was presented by both parties to the judge who made his desion off of that and im sure many years of experience.I wish Officer Schwartz the best of luck to him and his family.people will always have negative things to things to say thats judt how many prople are in this country but dont let it ruin your day.Good Luck

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Donna Picotta

11:13 am on Saturday, February 23, 2013

Next time I have a few drinks, add some Oxy C, and finish beating my husband; complimented by getting pulled over in Whitpain, I can only hope Officer Schwartz is the guy who pulls my car over. I am sure he will be able to relate and understand my situation!! So much for sobriety test and accountability from Plymouth Police. Makes them look like they are the irresponsible ones.

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Kerri Schwartz

1:10 pm on Saturday, February 23, 2013

Finally ! My dad is a great man and did not deserve this! He would never hit any women! It's ashame people believe the negative things though :( but it's okay, because after a year in a half of seeing my dad stressed it's finally over and he can enjoy his life with me and my sisters. congragulations daddy, and God bless the judge and my dads lawyer! This was the right decision!

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Amanda Schwarrz

1:13 pm on Saturday, February 23, 2013

To Donna Picotta: find something better to do with your life than talk about someone you dont know. Once again, he did not drive the car and did not touch his wife, he drank. Those are the facts. Im sure everyone has a night out and drinks too much once in a while, you dont have to be punished for that. So thank you everyone for hearing my side, and for all those who still try to convince themselves he got off because he was a cop. Tjat has nothing to do with it. He didnt do anything illegal, thats why he got off. NOT GUILY-GO DADDY!! LOVE YOUR HATERS THEY MAKE YOU STRONGER

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Tammie

1:17 pm on Saturday, February 23, 2013

I am a wonderful person too. And, I wasnt driving either. Left a bar and was resting in my car, making the right decision not to drive. It didn't matter tho, Ended up fighting for years but still got stuck with a DUI. I was in " a position to drive" But going nowhere. I can't help but to wonder....what if I was a cop??? Would my life be over as I once knew it?

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Amanda Schwarrz

1:31 pm on Saturday, February 23, 2013

THANK YOU CONSTITUTIONAL RIGHTS WE REALLY APPRECIATE ALL YOUR SUPPORT AND LOVE FOR OUR DAD.

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Amanda Schwarrz

1:38 pm on Saturday, February 23, 2013

Once again every JUDGE is different And every situation is not the same. Whether he was a cop or not, he was not treated with any respect or priveledge in that court room. He was treated like a regular person fighting for what he worked his whole life for. The judge saw the facts for what they were and nothing more. Thankfully, he wasnt found guilty for what he didnt do. Im sry Tammie you were but your situation has nothing to do with Jerrys.

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Tony Narducci

8:30 pm on Saturday, February 23, 2013

Police officers are supposed to set an example . Obviously it was lacking in this case. Luckily he hired Ed Guyer , Ed is the best dui attorney in our area and he got the charges thrown out but the best lawyer in the world couldn't give back to that officer that respect of the community.

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blacksheep

8:33 pm on Saturday, February 23, 2013

I personally think nobody on here has any lives. I blame the media for putting someones personal business on the internet. We live in a great country where you are innocent until proven guilty and obviously the court system could not do that. People can be upset all they want because they got caught and someone else did not. Its called jealousy. have a great day everyone please get lives soon. Big middle finger to the press

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andthatsthetruth

9:19 pm on Saturday, February 23, 2013

Yes I do agree that the press is looking for a story anyway they can. Thank GOD for patch and now we are hearing more of this story than originally reported. Schwarrtz girls, relax it is all over & the more you are defensive the worse it will get. Obviously it has effected your household and you are angry, get over it now ~ like your father would like to. It was a surprise to outsiders for sure.

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blacksheep

11:32 pm on Saturday, February 23, 2013

how about this save your advice the schwartz girls dont need it. they are simply defending there family from a bunch of people that have no lives. i served for this country in operation iraqi freedom and it disgusts me and my brothers that the people of this country are worried about a situation that they have nothing to do with. move on everyone especially truth maybe dr. phil needs a guest for his show

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kenneth newell

2:27 pm on Sunday, February 24, 2013

Well let me get this straight officer Jerry who drinks ,fights with his wacky wife and was out racing his car ,and taking oxycontins .which is what the rest of us were doing until the new DUI laws came into effect. I was not taking Oxys and not racing my auto or having a fight with my wife they rolled up on me in a parking lot and the keys were in the ignition and wala I have my license suspended 1200 dollar fine 1000 dollars in rehab fees and lets not forget 200 dollars on traffic school and the 2000 on a lawyer . Now I have observed the following things an officer in sellers ill shot a man in hand cuffs and was cleared of all charges .an officer in Pottsville killed two motorcyclist and injured seven while drunk and was cleared of homicide by car . Now put us in the same situations and see if we get off with the same charges it won't happen !
I make the following observations :

1). You can drive drunk if you have a badge
2) when you go to court who will be there just us (justice)
3). I'm grabbing a bottle of Oxys and a bottle of booze and the keys to my motorcycle and I am heading over to Jerry's house to go riding and drinking cause he has one hell of a good lawyer !!!!!!!

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Amanda Schwarrz

3:51 pm on Sunday, February 24, 2013

Its over so get over it n move forward. God bless

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#1fan

9:00 pm on Sunday, February 24, 2013

Well looks like people need to re read the story cause u got it messed up ....but then again don't care who u r or what you think he is not guilty never was guilty and that's all that matters so keep on hating....he has had jealous and envious people around him all the time NOT everyone can do what he has done NOT everyone has been through what he has been through so stop being mad about someone you don't know because when something happens to you or someone you know you will see how aggravating it is to see the media turn everything around like they always do and see how ignorant people can be without knowing what really happened but luckily Officer Jerry Schwartz has amazing friends and family and a wonderful GOD who knows who he is what he did and what he would NEVER do

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C.I

3:37 am on Friday, March 15, 2013

Just so yall kno he was never relieved from his duty he left voluntarily because of all the curruption in that police department.. why dont they talk about that police officer that was commiting lewd acts with himself ON duty also a female officer that just quit yesterday because of the corruption in that police department if u ask me that chief in that department needs to be investigated for the corruption within that department. Lets not stop there shall we speak of the chiefs own personal secretary that filed sexual harrassment charges against his own LT. Why dont they investigate that n the rest of the shit they covering up because there is soooo much more that police department is a JOKE..LMFAO!!!

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