ET a RT EE Es 2 The Dallas Post Dallas, PA Wednesday, May 4, 1994 By GRACE R. DOVE Post Staff BR CB I | Dallas High School teacher * John Bancalawas found not guilty “of “harassing a student after a preliminary hearing held before District Magistrate James Tupper | April 20. The hearing on charges of har- ~ assing ninth-grader Richard Cib- a i ula was attended by several teach- ers, numerous spectators, news- paper reporters, photographers 3 and television crews from two area ~ stations, who packed the court- room and waiting area to capac- ity. The television newscasters said that the boy's mother had called their stations to notify them of the hearing several days before. The charges stemmed from an alleged altercation February 22 between Bancala and Cibula in Bancala’s fifth period consumer education class, in which Cibula claimed that Bancala pulled him by the ear, twisted his arm behind his backand threw him against a wall after he refused to leave the room. a ‘Cibula testified that Bancala Af had grabbed his arm and twisted © it behind his back “as far as it would go” during the altercation ~ and hit him in the jaw “with a closed fist.” ; When asked by Bancala's at- torney, John Neff, why Bancala had asked him to leave the class- room five times during the two : weeks: prior to the incident, Cib- ula said, “He doesn't like me. He | told me so.” | “I never did nothing wrong," Cibula continued. “Something would go wrong in the class and : he vould always blame it on me." ~ Cibula said that after leaving la Bancala’s class, he went to the : : ~ guidance office, where he saw assistant principal David Bieriand ’ guidance counselor Patricia ~ Russin, who gave him ice for “a ; bigbump” on the side of his head. He said that he didn't see the school nurse, and was later sent back to another class. ; i ‘Bieri and Russin testified that when they saw Cibula after the ~ altercation, they didn't see any 2 I By eT er Cale as Mo dda es : A A ‘Teacher acquitted of harassing student bumps, bruises, redness, swel- ling or other injuries on his body. “He had only a couple of small scratches behind his ear,” Bieri said. “He complained of pain in his leg and the back of his neck but there weren't any visible inju- ries.” Teacher JoAnn Drayer testified that she had seen Cibula with a scratch on his neck two days before the altercation in Bancala's class. Cibula said that after school, he went home, lay down on the couch for a while, then got up and walked from his Harris Hill Road home to the Center Street park, where he watched a basketball game. Then he walked home. When Neff asked him what time he had done these things, he flared, “I wasn't timing every little thing I did — I didn't have a stop- watch on me." His mother, Laura Cibula, tes- tified that she had picked up her son in her car while he was re- turning home from the park, heard what had happened to him and drove him to the hospital. “He was crying,” she said. “He was scared because Bancala was picking on him.” In his defense, Bancala, a 20- year classroom veteran, testified that after unsuccessfully trying to get Cibula to stop talking and making noises in class, he told the boy several times to leave the room. “It was not possible for me to teach or communicate in any way with my students,” he said. “I told them that they had a free period until Cibula left the room.” At this point, Cibula began to chant, “Hell no, I won't go,” Ban- cala said. Bancala said that he attempted to reach principal Frank Galicki and vice-principal David Bieri on the classroom’s intercom to have them remove Cibula from his classroom, but was told that they weren't in the building. When Cibula continued to make noises and insulted Bancala, the teacher said that he leaned over Cibula, grabbed his shirt collar and again told him to leave. ‘The Post has more local news - ow 1 Pizza & Pasta House |: Mother's Day Special Dinners ab Plus Regular Menu 1 Service from 1:00 P.M. till 9:30 P.M. te Complimentary Potted Flower to 1 oz Each Mother. Villa Rema © Hey Kids come meet the | Russian Bear and be part of our |: T.V. Commercial yc Special 4 Free Balloons and | Chocolate Sundae with each Pizza ‘1: Sat. May 7th tat 6:00 P.M. 7 hf i: Ei 2) 7% 5" Nam rd v3 " CX 45% ve 5) = iat 2 Villa Roma Me » N 448 Ho. Nip on SE ry Fv NN » A Harveys Lake, PA 639-1707 fe ps oi Free Estimates Father & Son ~~ Lawn Service : Mowing & Trimming Have Mower Will Travel 823-5407 NN POST PHOTO/GRACE R. DOVE Student and mother face charges After seeing the teacher whom she accused of attacking her son acquitted, Laura Cibula will have her own day in court May 5. Charges of disorderly conduct and harrassment were filed against her by Dallas High School principal Frank Galicki in con- nection with an incident March 29 at the school, in which she allegedly became loud and disor- derly and pushed Galicki, accord- ing to a police report. Mrs. Cibula had gone to the school to discuss an incident: ~ & March 28, in which her son, Rich*-* ard, is accused of threatening to shoot a female teacher. A charge of making terroristic threats against the boy has been: petitioned by police to Luzerns:a County Juvenile Court. Mrs. Cibula's preliminary hear- ing before District Magistrate James Tupper will be at 1 p.m.’ May 5. Police report Kingston Township "TWO-CAR ACCIDENT CLOSES CARVERTON fen According to Kingston Township police, a two-car accident shortly before 9 p.m. April 29 closed Carvertown Road and backed up traffic: on Route 309 past Hillside Road for nearly an hour. 1 Police said that a 1992 Pontiac Grand Prix operated by tude Jancewicz, 39, of Dallas, was hit on its passenger side as it was turning left from Route 309 south onto Carverton Road by a 1989 Cadillac. Eldorado operatetl by Phillip Paylor, 46, of RR '5 Tunkhannock. 23 Paylor told police he had been driving north on Route 309 in the’ et driving lane and was unable to stop in time to avoid the impact in the’ _ (continued from page } L \ NOT GUILTY - Dallas High School teacher John Bancala gets into his car after his preliminary hearing April 28 on a harrassment charge, in which he was found not guilty. When Cibula again refused, Bancala said that he let go of his shirt collar and grasped the boy's wrist. “Finally he realized that I was serious, got up from his seat and left the room on his own," Bancala said, his voice cracking. “There was no other physical contact. I did not hit, punch or push the boy.” Four classmates testified that they heard Cibula call Bancala names and chant “Hell no, I won't go” when he was told to leave the room. Jason Thomson and Brian O'Donnell said that they saw Bancala throw Cibula against a wall during the altercation. “I saw his head hit the wall maybe five times,” O'Donnell said. “It happened so fast.” Keith Swartwood said that when Bancala pushed Cibula, his cheek touched the wall. Although he was seated only 10 feet away from Cibula, Swart- wood didn’t see Bancala hit Cib- ula, he said. Cottage said. Firefighters from the Lehman Fire Company assisted Lake Silk- worth at the fire. Neither Newberry or state trooper Sylvester Myers from the fire marshal's office could deter- mine how the brush behind the cottage had originally ignited. Myers said that the fire mar- shal’s investigation is complete. Neighbors have complained to the Lehman Townshp supervisors since April, 1993, about the home's lack of a septic system and several television sets, furni- ture and other items, which Rayes had accumulated in the front yard. Difficulties in finding who is the cottage's actual owner had delayed the Lehman Township supervisors and Luzerne County from taking action. “Mr. Bancala pushed Richard's desk. The desk slammed into the wall,” Rebecca Koval said. “I never saw Rich's body hit the wall. I was in good view and leaned over to see everything better.” Explaining why he found Ban- cala not guilty, Tupper said that there was too much conflicting testimony about what actually had happened in the classroom. “The other students said that Cibula hit the wall, touched the wall with his cheek, fell or had his desk hit the wall,” he said. “There was no medical testimony prov- ing the boy's injuries. Mrs. Cibula submitted two photos which she said were Rich's injuries, but they couldn't be positively identified as her son.” Tupper said that he didn't be- lieve that Bancala intended to commita crime and that the prose- cution hadn't met its burden of proof. Bancala refused to comment to the media after the verdict. Attorney Neff said that Bancala would have permanently lost his teaching credentials if he had been convicted of the charges. Associated with the Moldovsky and Neff law!firm of Philadelphia, 1 Neff said thatuBarieald) mot theo! teachers’ union, thired and pajd him for the defense. DOWN TO EARTH THE VICTORIAN HOUSE | | 1027WYOMING AVE, | \FORTY-FORT, PA « 283-8401/, 288-3500 Mark Plaza, Edwardsville, Rt. 11 586-6000 Rts. 6 & 11, Clarks Summit N.E. Penna's Renowned Spot For Great Food & Entertainment Steaks « Chops - Seafood Over 100 Entrees Open for Lunch & Dinner 11:30 AM. - 2 AM., 7 Days a Week ENTERTAINMENT Fri., May 6 Cross Roads Sat., May 7 Dave & John TT PB ne The Dallas Post Published Wednesdays 675-5211 Fax: 675-3650 ‘Mailing Address: P.O. Box 366, Dallas PA 18612 Shipping Address: 45 Main Road, Dallas PA 18612 Office hours: Monday - Friday: 8:30 a.m. -5 p.m. Classified Advertising Deadline: Mondays at 4 p.m. Display Advertising Deadline: Mondays at 4 p.m. (Friday at 4 p.m. if proof required) We have a variety of rates and programs to suit your advertising needs. 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