A judge has dismissed two felony counts against former Gettysburg Mayor Chad Alan Carr after finding they were filed beyond the applicable statute of limitations, while several other sex-crime charges remain pending.
Former mayor faces remaining charges
Chad Alan Carr, 48, of Hanover, still faces felony sexual assault charges, a felony charge alleging he permitted a minor to depict a sexual act and misdemeanor corruption-of-minors counts in two cases filed in March and April.
The cases involve allegations from four people. Police said three of the alleged victims were minors when the alleged incidents occurred, which date as far back as 2006.
Adams County Judge Shawn Wagner dismissed two felony criminal solicitation charges after Carr’s attorney, John Abom, argued they had been filed after the statute of limitations expired.
A statute of limitations establishes the time limit for filing criminal charges. Such limits are intended to guard against prosecutions in which evidence may have been lost or otherwise compromised by the passage of time.
According to Abom’s motion, the statute of limitations for the alleged solicitation offenses was two years when the conduct was alleged to have occurred.
Abom wrote that the alleged conduct occurred between 2012 and 2013. He argued that the earliest date Carr could have committed criminal solicitation, with the underlying allegation involving permitting a minor to record a sexual act, was Nov. 26, 2017.
Act 87 of 2019, which took effect Nov. 26, 2019, removed the statute of limitations for sexual offenses committed against minors. Abom argued that law does not apply retroactively.
Wagner removed the two criminal solicitation counts. Carr continues to face one felony count of permitting a minor to depict a sexual act on video, two felony sexual assault counts and three misdemeanor corruption-of-minors counts.
Allegations span several years
Carr resigned as Gettysburg mayor in early March, about two months into his first term. His resignation came days before police publicly announced charges accusing him of enticing a teenage boy to record himself performing a sexual act and of corruption of minors.
Police alleged those incidents occurred during late-night Skype video calls.
Additional people came forward with allegations against Carr within two weeks of the initial charges, police said.
One allegation involves a 16-year-old who met Carr through the gay dating app Grindr. The teen told police he initially agreed to have sex with Carr at Carr’s home. The teen later told Carr no, but Carr continued, according to police.
In a separate allegation, Carr’s 2015 roommate told police Carr held him down and sexually assaulted him for five to 10 minutes. The roommate said he told Carr no. According to police, Carr responded that the roommate did not need to be afraid and that it was “OK.”
Police also alleged Carr learned that an adult friend was sexually abusing a 15-year-old performer at the Eichelberger Performing Arts Center in Hanover. Rather than report the alleged abuse to police, Carr attempted to involve himself in the relationship and requested nude photographs from the teen, police said.
Defense seeks trial changes
In a motion dated May 8, Abom also requested either a change of venue or a change of venire because of news coverage and public reaction to the case.
A change of venue would move the trial to another county. A change of venire would keep the trial in Adams County while selecting a jury from another county.
Abom argued that extensive and sustained media coverage has prejudiced potential jurors in Adams County. He included Facebook comments taken from television-station websites as examples of public reaction to the case.
Abom wrote that online comments and posts had portrayed Carr’s political status and sexual orientation as evidence of guilt.
Prosecutors, defense differ on trial structure
Adams County Assistant District Attorney Kyle Reuter argued in a July 9 motion that the cases should be tried together because the allegations could demonstrate a pattern of conduct.
Abom opposed consolidating the cases. He argued that the allegations do not share a common signature beyond being sexual-offense allegations and that trying the matters together could confuse jurors and prevent them from properly evaluating the evidence for each charge.
The theater-related corruption-of-minors allegation occurred in 2006 or 2007, Abom wrote. The two sexual assault allegations involving men occurred about a decade later in Gettysburg and involved a teen Carr met through Grindr and Carr’s former roommate.
Abom also argued that the corruption-of-minors allegation involving the Hanover theater occurred in York County, rather than Adams County. Criminal charges generally are prosecuted in the county where the alleged offense occurred.
He has asked the court to transfer that case to York County.
Wagner did not rule on the requests involving venue, venire, consolidation or transfer of the theater-related case. The judge directed both sides to research the issues and submit written arguments.
“I’m appreciative the judge is taking the time necessary to consider the evidence offered before making a decision,” Abom said.
State police asked anyone with information or additional allegations to contact the Gettysburg barracks at 717-334-8111 or the state police tip line at 800-472-8477.
