A former Lackawanna County prosecutor who investigated sexual assault allegations against former prison guard John Shnipes Jr. in 2012 said he would not have agreed to a nonprosecution agreement that allowed him to escape charges, but he had no say in the matter.
The agreement, written by Shnipes’ defense attorney and signed by former District Attorney Andy Jarbola, now threatens to torpedo charges filed against Shnipes last year that accuse him of sexually abusing four women at the prison.
Bill Fisher, the assistant district attorney who investigated Shnipes in 2012, said Jarbola, now a county judge, did not consult him before agreeing to let Shnipes resign in lieu of facing possible charges. If asked, he would have nixed the agreement because it was so broadly worded it protects Shnipes from any type of criminal activity, including crimes that might have not been known at the time.
“If I were involved in the negotiations, I would not have signed that,” Fisher said in a phone interview from his Florida home. “It’s like giving away a surprise package. You have no idea what’s in it.”
The agreement’s broad language was a key issue at a hearing Thursday on a motion Shnipes’ attorney, Brian McMonagle, filed that seeks dismissal of the current charges against Shnipes, one of seven former prison guards charged in February 2018 with sexually abusing inmates based on a statewide grand jury probe.
Jeffrey Smith, a senior judge from Bradford County specially appointed to hear the case, took the matter under advisement and will issue a ruling at a later date.
Fisher did not testify at the hearing. Chief Deputy Attorney General Daniel Dye instead provided Smith a transcript of testimony Fisher gave regarding the matter before the current statewide grand jury that continues to investigate sexual abuse allegations at the prison.
The nonprosecution agreement, signed on Sept. 24, 2013, stemmed from a 2012 grand jury probe of former guard Joseph Black that also revealed allegations two women made against Shnipes. The agreement says that, if Shnipes resigned, prosecutors would not file charges against Shnipes related to “any and all allegations at the Lackawanna County prison.”
At the hearing, McMonagle argued the “any and all” clause clearly means Shnipes cannot be prosecuted for any alleged crimes he committed at the prison. That includes current charges related to the four women, one of whom was also identified as a victim in the 2012 case.
The Times-Tribune does not identify victims of sexual abuse.
Dye argued the agreement is unenforceable because it is so broad that it theoretically could prevent prosecutors from charging Shnipes if it was later learned he murdered someone at the prison. To allow the agreement to stand would violate public policy — a legal premise that allows a court to consider injury to the public good in deciding a matter. In this case, the public would be harmed by allowing a person accused of sexual abuse to walk free, he said.
Testifying Thursday, Jarbola and Thomas W. Munley, Shnipes’ attorney at the time the agreement was signed, revealed the deal came about very quickly and that neither of them knew the full extent of allegations against Shnipes.
Munley testified he represented Shnipes in a civil matter, but had no involvement in the criminal investigation and did not know any details of the allegations against him. He got involved only after Jarbola called him to offer the deal. He said he drafted the agreement that same day and dropped it off at the district attorney’s office.
Jarbola testified he offered the deal because he thought there was only one victim.
“I knew about other victims related to Joe Black,” Jarbola said. “I was aware of one victim related to Shnipes.”
Speaking after the hearing, Jarbola said Fisher told him there were problems with the case that prevented it from going forward. Given the nature of the charges, he offered the agreement to ensure Shnipes did not continue working at the prison.
“I thought I had an obligation to get him out of the prison,” Jarbola said.
As for the wording of the agreement, Jarbola said he did not object to the “any and all” language because he believed there was only one victim and that the language would pertain only to potential crimes committed against her.
In the phone interview, Fisher said he’s distressed by the turn of events.
“I hope this guy does not walk away with this,” he said.
He wanted to prosecute Shnipes, but the one victim adamantly refused to testify.
“She felt it would just damage and destroy her life,” Fisher said. “She had started a new life already … and just wanted to put this behind her.”
The other woman repeatedly showed up at the grand jury intoxicated, he said, so he could not put her on the stand.
Fisher acknowledged he could have forced the reluctant witness to testify, but chose not to do so because of the impact it would have on her life.
“I was not going to destroy this kid’s life,” he said. “I’m not going to lose sleep over that because I believe I did the right thing.”
Contact the writer: tbesecker@timesshamrock.com; 570-348-9137; @tmbeseckerTT on Twitter