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Harrisburg man guilty of aggravated assault in shots fired incident with probation officers

HARRISBURG, Pa. – A Dauphin County jury has convicted Franklyn Tabarez of two counts of aggravated assault for an incident on August 27, 2014 in Harrisbur...
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HARRISBURG, Pa. – A Dauphin County jury has convicted Franklyn Tabarez of two counts of aggravated assault for an incident on August 27, 2014 in Harrisburg that involved shots  fired in the vicinity of two Dauphin County probation officers.

The jury which had begun its deliberations at 2:30 p.m. Tuesday afternoon, took less than three hours to reach a verdict.

The jurors heard testimony from probation officers Daniel Kinsinger and Daril Foose who testified that they encountered a vehicle being driven by Tabarez.  They suddenly heard shots fired and discovered that Tabarez began pursuing their vehicle.  The jury also heard an audio recording of Kinsinger and Foose’s communication with a police dispatcher during the incident.  On the recording Kinsinger can be heard telling the dispatcher that shots had been fired at them and that Tabarez’s vehicle was pursuing them.

A copy of the recording is attached.

The jury had a number of aggravated assault sections to consider before they settled on finding Tabarez guilty of what is called Aggravated Assault by Physical Menace.  The two aggravated assault sections that the jury found Tabarez guilty of make it illegal for a person to attempt to put certain enumerated persons in fear of serious bodily injury by way of physically menacing actions such as discharging a firearm.  In addition to protecting probation officers the law also protects other public servants like police officers and firefighters.

The trial began on Monday before Dauphin County Judge John F. Cherry.

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