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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.

kenneth newell February 24, 2013 at 07:26 PM
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 !!!!!!!
Amanda Schwarrz February 24, 2013 at 08:51 PM
Its over so get over it n move forward. God bless
#1fan February 25, 2013 at 02:00 AM
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
C.I March 15, 2013 at 07:37 AM
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!!!
Francine Beaumont December 12, 2013 at 12:05 AM
Jerry Schwartz has a lot of problems.... he threatened and drove drunk and high.... he;s a cop for heaven sakes.. or was one.... why would he lose his job if he wasn't drinking and driving while he was high.... but whatever... hes a con artist and drama drama drama....... he got what he deserved... he didn't get enough as far as I;m concerned

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