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Disciplinary Reporter Case Digest

Attorney ID 28048
Attorney Name Spangler, Jeffrey Thomas
DBP Docket No. 81 DB 2001; 89 DB 2002
Supreme Court Docket No. 679 & 763 DD No. 3
County Delaware
Disciplinary Counsel Suzy S. Moore
Counsel for Respondent Samuel C, Stretton
Decision Date 2004-05-24
Effective Date 2004-06-24
Case Digest Respondent was convicted of simple assault by physical menace and recklessly endangering another person. The incident involved Respondent, a pedestrian, using obscene language in threatening a driver for coming too close to him in an intersection and ultimately brandishing his gun at the driver. Respondent represented himself at his criminal trial. After the jury entered a guilty verdict and before Respondent was sentenced, Respondent was involved in another incident where he kicked a womanís vehicle in a drugstore parking lot and used obscene language. Respondent pleaded guilty to disorderly conduct and received a fine of $250.00. The court took the disorderly conduct incident into account in sentencing Respondent for the intersection incident to imprisonment for a term of 48 hours to 23 months, plus fines. The Court allowed Respondent to file a Motion for Reconsideration of Sentence. The Court re-sentenced Respondent to two years of probation, a fine of $500.00 and 24 hours of community service. Respondent was late to his Disciplinary Hearing on the criminal conviction because he assaulted a woman and her dog in a public park on the way to the hearing. He believed that she was violating the leash laws, confronted her with offensive language and ultimately maced her and her dog. Respondent pleaded guilty to simple assault by physical menace for the park incident and was sentenced to two years of probation. The two criminal conviction cases were consolidated and a second Disciplinary Hearing was held. The Hearing Committee and Board recommended an 18 month suspension.
Rule Violation(s) RPC 8.4(b); Pa.R.D.E. 214(j) and Pa.R.D.E. 203(b)(1)
Discipline Imposed 18 Month Suspension
Points of Law Character witnesses who do not know the full extent of misconduct afford little weight. Prognosis is uncertain when a Respondent stops taking medication and stops psychotherapy after Respondentís doctor and the Office of Disciplinary Counselís medical expert agreed that Respondent would improve only if he continued to take medication and engage in treatment.
Report/Opinion Download