And in addition to outpacing by a significant amount the growth in the state as a whole, the county is growing more racially diverse – in line with the state and the nation, according to those figures.

But what the numbers will mean over the course of the coming years remains to be seen. They will play a major role in what the county’s representation in Harrisburg and Washington will look like, according to those observers paying attention to the county’s redistricting possibilities.

Census data is used for a variety of initiatives, including federal funding for education, housing and community development, among others. Among its primary purpose, however, is to distribute the numbers of members of the U.S. House of Representatives the state sends to the Capitol, and how the county is carved up to elect members of the state’s General Assembly.

It is already clear that Pennsylvania will lose one congressional seat, bringing the number of districts down to 17 for the 2022 election. The number of state Senate and state House districts will remain the same. (Chester County has four state Senators – two who live in the county – and nine state House members.)

Observers, however, believe that the county will likely continue to be represented by a single Congressional District, as it has since the lines were last drawn – though controversially – in 2018.

“We really don’t know what the maps will look like,” said Carol Kuniholm, the chairwoman of the group Fair Districts PA, which has lobbied against legislative gerrymandering across the state for years in a non-partisan movement. “The people who draw them still have to have their say.”

She said it is probable, however, that instead of the three Congressional Districts that were present in the early 2010s – filled by residents of Chester County, Delaware County and Lancaster County – the establishment of a single county district – the 6th, now held by Democrat Chrissy Houlahan – will likely continue because of the county’s significant population.

“The county should be a large piece of one single district, and not be divided into multiple districts,” said Kuniholm, who lives in Uwchlan. To break it up again would be “completely unacceptable,” she declared.

Also deemed unacceptable in Kuniholm’s eyes is the wholesale division of individual school districts in the county into differing state Senate and House districts. She noted that in 2011 and 2012 when the last redistricting effort took place, school boundaries in places like West Chester and Phoenixville were cut up among as many as five different districts. She is expectant that those doing the redrawing will back off that practice.

“It makes no sense,” she said last week. “We hope that the legislative reapportionment commission will be more conscientious in its approach this time.”

To be sure, there will almost certainly be a fight in Harrisburg over what map the county falls under, both congressionally and legislatively.

In comments, former state Rep. Eric Roe of East Marlborough, a Republican who had pushed for redistricting reform while he served in Harrisburg, said that “the ugly truth about redistricting is that both parties love gerrymandering. Any attempt to reform the process will be met with opposition primarily from party leadership in both parties – not necessarily from the average rank-and-file legislator. 

The processes for state legislative redistricting and Congressional redistricting are different.

For Congressional districts, the state Legislature passes a bill that the governor may sign or veto. By contrast, state legislative districts are drawn by a commission of two Republicans, two Democrats, and a tie-breaking appointee from the state Supreme Court. As Roe stated, since the Supreme Court is overwhelmingly Democratic and has a strong liberal bent, that appointee will likely favor maps that benefit Democratic candidates and legislators. 

“For Chester County specifically, I hope that we will soon have two state senate districts entirely within our county instead of four districts that spill into neighboring Delaware, Montgomery and Berks counties,” he said. “I will not hold my breath for that though. 

He predicted Democrats will likely “crack” the county by placing its Republican neighborhoods into Democratic districts represented by state senators who live in Montgomery County – state Sen. Katie Muth, D-44th, or have Delaware County bases – state Sens. John Kane, D-9th, of and Tim Kearney, D-26th. (Kane lives in Chester County, but his district encompasses a lot of its neighbor.)

“Then the left-leaning commission will likely ‘pack’ Carolyn Comitta’s district with as many Democratic-leaning neighborhoods in Chester County as they can, in order to make her seat safer for her,” he said. “Since the state Senate maps already accomplish this ‘cracking and packing’ in a way that benefits Democrats, I doubt they will change very much.”

He said he expects either Chester or Delaware county to gain at least one new state House seat. “If that happens, it will cause all the neighboring districts to shrink in size, both geographically and demographically,” he said. 

Roe said it was “anyone’s guess” how the 6th Congressional District will be drawn, but predicted that negotiators in Harrisburg would make that a deal to keep Houlahan’s district more Democratic, in exchange for making the 1st Congressional District in Bucks County, now held by GOP U.S. Rep. Brian Fitzpatrick, more Republican.

From 2010 to 2020, according to the census figures released on Aug. 12, the county grew 7.1 percent, from 498,886 residents to 534,413. The fourth fastest in the state. It outpaced Philadelphia, which grew at a 5.1 percent clip, and the state itself, which grew by only 2.4 percent. The state now has 13,002,700 residents.

The county remains overwhelmingly white in terms of race and ethnicity, although the number of those identifying themselves as white dropped from 426,707 in 2010 to 413,103. Likewise, the number of residents saying they were Black or African-American alone, rather than biracial, dropped from 30,623 to 29,526, a decline of 3.6 percent.

The growth in population then came from those identifying as Asian, Hispanic, Latino, or biracial. The number of residents of Asian descent – including those from Japan, China and Korea, as well as those from India, Pakistan and Bangladesh – grew from 19,296 in 2020, when they made up just under 4 percent of the population, to 35,252, an increase of 15,956, or 82.7 percent.

Those calling themselves Hispanic or Latino grew by 8.1 percent, to 45,542, the greatest number of minority residents in the county. Those identifying as being of two or more races grew from 9,030, or 1.8 percent of the population, to 36,071, or 6.7 percent. That change, however, may be reflected more in the way a respondent described themselves than growth in new residents. 

To contact staff writer Michael P. Rellahan call 610-696-1544.

Earlier this month, the commissioners adopted a bipartisan resolution asking members of the General Assembly to pass a bill that would grant them the ability to use that technology to meet officially without running afoul of public meeting laws.

“We have found that we have had increased public participation, access to county government and the ability to interact with county government through these virtual meetings,” said County Administrator Bobby Kagel in presenting the one-page resolution to the commissioners – Democrats Marian Moskowitz and Josh Maxwell and Republican Michelle Kichline – on May 18, their last formal work session before the state’s COVID-19 emergency declaration expired.

Kagel said that while he anticipated the board “will always be meeting in person,” the ability for county residents to swoop in on meetings without arriving in person had been a pleasant benefit of the pandemic.

The resolution, adopted unanimously, reads:

“Whereas, county governments and municipalities have utilized available virtual meeting platforms as permitted under legislation enacted by the Pennsylvania General Assembly in order to ensure that official business continued to be conducted in a matter designed to protect the community from the COVID-19 pandemic, while also allowing for constituent participation, and

“Whereas, the use of these platforms has resulted in an increased level of flexibility … and an increased level of constituent engagement in the functions of county and municipal government, we believe that maintaining the ability to utilize these platforms on a permanent basis and outside of a declared emergency would benefit the county and the community.”

The county had started holding regular public meetings via Zoom last April after the state Legislature passed Act 15, a bill that permitted local governmental agencies to suspend the normal requirements for in-person quorums to conduct official business, Kagel said after the commissioners voted to approve the resolution.

As a favorable result, however, county officials started to notice an uptick in public participation of the commissioners’ regular meetings.

Typically, twice a month the trio meet in a longer “Sunshine Meeting” at which business such as bids, contracts and grants will be discussed in detail by department heads, and the commissioners will at times recognize various groups or individuals who have reached some level of community achievement. But one could count on one’s right hand the number of community members who stop by to listen to the county conduct its business and raise a question or offer a comment on those actions.

In the past, the commissioners’ meetings have been video recorded and available to watch after they had been conducted. But there was no ability to participate without appearing in person. Kagel said more people had been tuning into the Zoom sessions primarily because of their immediacy.

“It’s a whole lot easier to participate from your office or your living room by jumping on Zoom than having to drive into West Chester, find parking, go through security, just to attend a meeting,” he said.

Gov. Tom Wolf’s emergency declaration expired on May 20, meaning the county was required to re-institute in-person sessions. The next meeting of the commissioners is scheduled for June 8 at the county administration building at 313 West Market Street in West Chester. The public will be able to access the 10 a.m. meeting either in the board’s sixth floor conference room, or via Zoom.

To contact staff writer Michael P. Rellahan call 610-696-1544.

With only partial results reported by the Chester County Office of Voter Services Wednesday morning, Rovito had a seemingly commanding lead among the five candidates on the party’s ballot with 42 percent of the total counted, or 22,616 votes. In second place behind her was private attorney Anthony Verwey of Caln with 23 percent, or 12,858 votes.

Coming in third among the registered Democrats in the race was county prosecutor Carlos Barraza, who held 17 percent of the total, or 9,341 votes. Republicans P.J. Redmond, a county Public Defender, and Lou Mincarelli, a Philadelphia attorney from East Brandywine, each garnered less than 10 percent of the total on that ballot- although they appeared to be on their way to handily winning their party’s nomination, with Mincarelli getting 44 percent of the vote, or 30,220 votes, and Redmond with 42 percent, or 28,716 votes, to Rovito’s 11 percent, or 7,987.

Only the top two vote-getters from each party will go on to the ballot in the November General Election. All vote totals are unofficial until certified by the county Board of Elections.

As of 9 a.m., Voter Services reported that there were still 16,832 mail-in ballots remaining to be counted out of the 77,755 total ballots cast countywide. Turnout was slightly higher than in past municipal primaries, with 21 percent of the county’s 369,146 registered voters participating. Officials had expected those ballots to be tallied by the close of business Wednesday, but as of 5 p.m., the results had not been updated since 3:16 a.m.

The results would, unfortunately, not be coming soon, said county spokeswoman Rebecca Brain in an e-mail statement.

“Chester County Voter Services has encountered technical difficulties with the central scanning of mail-in and absentee ballots, resulting in a delay in the reporting of the county’s Primary Election results,” she reported. “A rescanning of the mail-in and absentee ballots is currently in process and complete results are expected to be posted by midnight tonight.”

Rovito, who was attending her daughter’s graduation from Drexel Law School Wednesday afternoon, was hesitant to declare victory.

“There are a fair amount of uncounted mail in ballots out there, so I do not feel comfortable saying other than I am grateful for the support I have received and the dedication and hard work of those who have volunteered to help my campaign,” she said in a statement.

Just before 5 p.m., Verwey expressed some frustration at the lack of complete results, despite the polls having closed almost 24 hours earlier.

“We have three strong Democratic candidates on the ballot who have run solid campaigns and the results are still up in the air,” he said in response to a request for comment. “Hopefully, we will receive unofficial final results from Voter Services in the near future.”

Said Barraza, even with the incomplete results showing him 3,500 votes behind Verwey with 6,800 ballots unreported, he was proud of his effort in the race.

“Democracy is just as much about the process as the results and I have appreciated every moment I have had with the people of Chester County through this primary campaign,” the veteran prosecutor said. “I approached this campaign the same way I have approached my entire career in public service as a prosecutor with a focus on people, service and the community.

“Regardless of what the results turn out to be, I am thankful to all the people who participated in our democracy and thankful to all those people who supported and voted for me,” he said in an e-mail.

Mincarelli, for one, expressed optimism for the fall. “I am honored and humbled by the amount of support our campaign received. At this point we appear to have received the most votes overall. I look forward to the campaign ahead and for the chance to match my qualifications and experience up against the others running for the Court of Common Pleas.”

Said Redmond, “I’m grateful for the chance to meet many voters all over the County and excited to meet many more all the way to November. The positive responses from people after we meet and they learn my story are very encouraging. It would be an absolute privilege to earn the support and votes of Chester County voters and to serve as a Common Pleas Judge.”

The run for the nominations for Common Pleas judge was the only countywide contest in Tuesday’s primary. Each party ran uncontested candidates for the four Row Office seats up for election this fall – county Clerk of Courts, Controller, Coroner, and Treasurer.

For the Democrats, those were incumbents Yolanda van Der Krol for clerk, Margaret Reif for controller, and Patricia Maisano for treasurer, and newcomer Sophia Garcia-Jackson for coroner; for the Republicans, the candidates in order are Jennifer Nicholas for treasurer, Regina Mauro for controller, Carmella Ciliberti for clerk and Dr. Frank Speidel for coroner.

The five attorneys running for nomination to the two open Common Pleas Court judicial positions all have significant experience in the legal world both in the county and the region, backgrounds that establish their bona fides for the trial court position.

But each cite distinguishing factors on their individual resumes that they say set them apart from those they are running against.

For Barraza, it is not only his 18-year career as a prosecutor, but also his ethic background: if elected, he would be the first Mexican-American to sit on the county bench. “I am the only candidate that brings something that has not been on our bench for 17 ears, which is representation through diversity,” he told the Daily Local News.

For Mincarelli, it is his history of being both a prosecutor and a defense attorney, service as a victim and child advocate in the courts, and work in the civil law. “My diversity and depth of legal experience sets me apart,” he said in a e-mail. “I am and always have been a trial attorney.”

For Redmond, it is the length and breath of his work as an attorney, and his career as a county pubic defender representing indigent clients after leaving private practice. “It has been a special gift to represent that segment of the population after a few decades of gaining experience with people and with cases,” he said.

For Rovito, it is her judicial experience while serving as a Family Court Hearing Master, a position she held for 15 years after leaving the county District Attorney’s Office. “Having run a courtroom, I understand how courtroom litigation works in order to be efficient while providing the litigants a fair and respectful process,” she explained.

And Verwey, it is not only his ability to transition from one area of the law to the next that terms from 31 years of practice, but also his personal background. “I believe having been raised in poverty, serving in the military, and then putting myself through law school gives me a unique perspective,” he said.

Common Pleas judges are those who hear trial cases in all fields of the law, criminal, civil and family. They are not asked to rule on constitutional issues such as free speech or gun ownership, but to apply the law to an individual court case – someone suing a neighbor for trespass or fighting an arrest for rape or robbery.

In Pennsylvania, the trial court judges serve 10 year terms and are paid $186,668 a year in salary. Judges are required to retire at age 75.

Whichever two candidates are nominated on the Democratic ticket would have a numerically better chance of winning the seat in the November General Election, as that party now holds a plurality in voter registration figures in the county.

To contact staff writer Michael P. Rellahan call 610-696-1544.

“The best (magisterial district judges) are individuals that can be fair, patient, and respectful to all the parties involved in a case,” said the incumbent, Thomas Tartaglio, in an email response to questions from the Daily Local News. “It is my job to break down an issue by applying the rules of procedure so that both parties will be treated with fairness and integrity.

“I realize most people are uncomfortable attending court and are worried about saying something wrong,” he continued. “I take great care in addressing expectations and explaining the process before anyone is sworn in.”

His opponent, attorney MacKenzie W. Smith, said that although knowledge of the law and procedures and organizational skills are important for a district judge, it is the interpersonal skills someone brings that sets them apart.

“District judges must be able to relate to all kinds of people,” Smith said in her email. “A good district judge should know what it is like to be a plaintiff and defendant, the prosecution and defense. Only with a broad, well rounded experience in the law can a district judge gain the ability and independence to genuinely relate to all types of parties.”

The court that Tartaglio is running for re-election to and which Smith is trying to win election to is centered in East Goshen, and covers Easttown, Malvern, Willistown and the southern neighborhoods of Tredyffrin. As part of the so-called “minor judiciary,” judges oversee preliminary criminal cases ranging from drunk driving arrests to homicide prosecutions; summary offenses like traffic violations; and small claims lawsuits such as landlord-tenant disputes.

Tartaglio, 50, of Tredyffrin, is seeking his third-term to the seat he was appointed to in 2009 by then-Gov. Ed Rendell. A graduate of West Chester University with a master’s degree from Colorado State University, he cites his experience on the bench as well as his community ties as reasons for his re-election.

“For the past 12 years, I have provided a fair and balanced approach to apply the law at the district court level,” he wrote in his email. “With over 38,000 combined cases, I have a track record that reflects my competency in the law while being a neutral arbitrator for all parties.

Noting that he had worked as a police officer in Tredyffrin for 12 years before taking the bench, Tartaglio said, “For the past 24 years, I have worked in and around the Chester County justice system and value my unique experience of growing up, policing and raising my family in this community. This experience and commitment to the community allow me to network outside resources to find the appropriate counseling and care for first-time offenders.”

Smith, 38, of Willistown, is making her first run for elective office. A graduate of Temple University School of Law, she served as an assistant district attorney in the county District Attorney’s Office from 2012 to 2014 and now works for a Malvern law firm that specializes in commercial airline representation.

“I believe that it is time for me to put my solid legal, education, broad experience, and dedication to work for my community,” she said in her email. “I have a deep understanding of the way cases make their way through the legal system and the way one court’s decision on even seemingly minor procedural issues have unintended and lasting consequences.

“District court judges have an opportunity to do more than almost any other judges to show the community that the judiciary truly is a separate branch of government from lawmakers and law enforcement,” she wrote. “This is best achieved by elected district judges with broad legal experience rather than narrow experience in only one area of the law, such as law enforcement or criminal defense.”

MDJs, as they are referred to, earn annual salaries of $93,338 and serve six-year terms on the bench. Both Smith, a Democrat, and Tartaglio, a Republican, have cross-filed on both parties’ ballots.

Because they have both cross-filed, Smith or Tartaglio could guarantee themselves election in November should they come out ahead on both parties’ ballots on Tuesday, May 18.

To contact staff writer Michael P. Rellahan call 610-696-1544.

Though the U.S. Supreme Court’s landmark ruling in Obergefell v. Hodges on June 26, 2015, made it clear that marriage should be available to all, Pennsylvania retains outdated and unnecessary sections of law that prohibit marriage equality, say those involved in the bills in both the state Senate and state House of Representatives, according to a press release.

State Sen. Carolyn Comitta, D-19th, of West Chester, introduced the legislation along with fellow county senators in the Harrisburg upper chamber.

“During my tenure as mayor of West Chester, I presided over numerous weddings of loving same-sex couples,” Comitta said in the release.

“Our laws should reflect our values. In Chester County and Pennsylvania, we value compassionate, welcoming, inclusive, and diverse communities that recognize the rights and contributions of every individual, including same-sex couples and LGBTQ-plus individuals and families,” the first-term senator said.

Comitta, who serves on the General Assembly’s LGBTQ-plus Equality Caucus, said the change is not only a matter of upholding the constitution, but is also a matter of recognizing and reinforcing the rights of same-sex couples at a time when members of the community continue to face discrimination, bigotry, and hateful rhetoric from opponents of same-sex marriage.

“Nearly six years ago, our nation enshrined the right to marry and all of its privileges and responsibilities for same-sex couples. It is past time that we update our state laws to follow suit and reflect the modern, legal, and widely-accepted definition and view of marriage,” she said.

Comitta’s bill, as yet unnumbered, is a companion of House Bill 824, introduced by state Representatives Malcolm Kenyatta and Danilo Burgos, both of Philadelphia.

“The promise of America has to include every single one of us – and because of generations of activists and LGBTQ-plus leaders, marriage equality is the law of the land. However, outdated and discriminatory language still exists in commonwealth statute, and that must change. This bill will ensure that our laws reflect who we are and further clarify that in Pennsylvania, who you are and who you love is seen and valued,” Kenyatta said, according to the release from Comitta’s office.

Specifically, the bill would repeal a section of state law that currently only recognizes marriage between a man and woman.

Comitta’s bill is co-sponsored by her fellow state senators representing portions of Chester County – John Kane, D-9th, of Birmingham, and Katie Muth, D-44th, of Royersford – as well as Sens. Wayne Fontana, Vincent Hughes, Judy Schwank, Tim Kearney, and Jay Costa, the Senate Democratic Leader.

The companion House bill is co-sponsored by several Chester County lawmakers, including state Representatives Kristine Howard, D-167th, of Malvern; Dianne Herrin, D-156th, of West Chester; Dan Williams, D-74th, of Sadsbury; and Melissa Shusterman, D-157th, of Tredyffrin.

To contact Staff Writer Michael P. Rellahan call 610-696-1544.

Earlier this month, a pedestrian overpass bridge connecting the ingoing and outgoing sides of the train tracks opened to the public. The enclosed overpass has elevators and staircases that are accessible for those passengers wanting to cross from one side of the tracks to the other, but not comfortable with walking across the current North Valley Road bridge.

A center platform, with access to both incoming and outgoing trains, is not yet complete, but is currently under construction.

According to Brian O’Leary, executive director of the Chester County Planning Commission, parking lots on the northeast side and the south side of the station are scheduled to be completed later in the spring. The large northwest parking lot is already completed. Once those lots are completed, the first phase of the construction project would be completed.

The next project for the area would be the replacement of the North Valley Road bridge, which is expected to be sent for bid in December 2022..

Back on the transit side of the project, the third phase includes an Intermodal Station Complex complete with an additional high-level platform on the outbound side, passenger amenities, enhanced bus facilities and a 600-plus space commuter parking garage. The timing of this project requires advancement of the North Valley Road bridge project. As it stands, that part of the project would be under construction between 2024 and 2027.

On Friday, commissioners Chairwoman Michelle Kichline, long a champion of the Paoli project, hailed the work being done at the station on Lancaster Avenue.

“After 20 years, Paoli is finally seeing tangible process on the train station modernization,” said Kichline, who was a member of a task force overseeing the planning of the station project ” The improvements to the station, the new parking and the road realignment will ease congestion in Paoli and position it for business revitalization. It will be able to appropriately serve the existing business hub in the Great Valley region which includes Chester County’s largest employer, Vanguard.”

Groundbreaking for the overpass and parking projects was held in February 2017. The $36 million initiative is meant to improve accessibility, safety and provide operational flexibility at the station, and is the first step in turning the station into a wide ranging transportation center.

Some 201,572 Amtrak passengers and approximately 740,000 SEPTA passengers pass through the station annually. The current station facilities, built in 1953 by the Pennsylvania Railroad, including a one-story brick station building, are not fully accessible.

In the construction, Amtrak contracted with Neshaminy Constructors Inc. of Feasterville to do the work, which will include a new center island, high-level platform, new elevators and ramps, a pedestrian overpass, parking lot improvements, ADA improvements to the existing station building and upgrades in rail infrastructure to support other project components. During construction, there has been no impact to the number of available parking spaces or train operations, Amtrak said.

The design of the center will include an additional high-level platform on the outbound side, a new waiting area, ticket offices and passenger amenities, enhanced bus facilities, and a commuter parking garage with more than 600 spaces, among other upgrades. Plans also anticipate retail and commercial storefronts on the proposed parking structure.

As the victim’s family looked on in a state of emotional turmoil, David Andrew Desper entered a plea of guilty to third-degree murder charges before Common Pleas Judge Ann Marie Wheatcraft in the 2017 death of Bianca Nikol Roberson, a recent high school graduate who died of a single gunshot wound to the head as she drove home from a day of pre-college shopping.

Desper, 36, of Trainer did not address the court during the proceeding, other than to answer Wheatcraft’s questions about the rights to a trial he gave up by entering the plea, which carries with it a maximum possible sentence of 20 to 40 years in state prison. “I’m a little nervous,” he said at one point after interrupting one of Wheatcraft’s queries.

Wheatcraft said she would sentence Desper after a pre-sentencing investigation is completed at a later date, either early December or after the first of the new year. H also pleaded guilty to a charge of possession of instruments of crime, a misdemeanor.

The plea represented a difficult compromise between the first-degree murder conviction the prosecution had been seeking, and any lesser charge – including manslaughter – that the defense had hoped for. Jury selection in the trial was to have begun on Sept. 20, with opening statements and testimony beginning Sept. 24.

Supporters of Roberson’s family, some of whom expressed displeasure at the plea on social media Tuesday and Wednesday, gathered inside Wheatcraft’s courtroom, filling up every available seat. In a Facebook post, Michelle Roberson, the victim’s mother, wrote, “We have no choice but to accept 3rd degree murder.” She also suggested that the plea agreement had been communicated to the family only a day before the proceeding.

But in response to questions from Wheatcraft, Assistant District Attorney Christopher Miller, who led the prosecution with Deputy District Attorney Michelle Frei, said that he and others had discussed the matter for some time with the family, as well as police from West Goshen, after he was approached by Desper’s attorney about his willingness to plead guilty to the third degree murder charge.

Miller said his office ultimately did not believe they could prove a first-degree murder case against Desper to a jury beyond a reasonable doubt. He and Frei talked the matter over with District Attorney Tom Hogan, who met with Roberson’s family personally to discuss the case, he told the judge

“No one is happy with this situation,” Miller said in court. “No plea will ever bring Bianca Roberson back. And I will not put words in (Roberson’s family’s) mouths that they are happy. But they have agreed to let this go forward. Never have a I met a family more dedicated to their daughter (than the Robersons.)”

Wheatcraft, in a rare move, asked Roberson’s parents – Rodney S. Roberson Sr., and Michelle Roberson – to stand and speak with her about the plea to the lesser murder charge. Neither objected, but they gave no ringing endorsement.

Were they in agreement that the plea was the best resolution to the case, the judge asked? “That is what was offered to us,” said Rodney Roberson, Bianca’s mother standing at his side, visibly distraught.

“I agree that it is a very good resolution,” said Wheatcraft. “Do you understand this is a good resolution? And you will have an opportunity to tell me about your loss. You will have the opportunity to tell me anything you want to (at sentencing). Does that satisfy you today?”

“Yes, ma’am,” he answered.

Desper’s attorney, Daniel McGarrigle of Media, told Wheatcraft that he had discussed the case with his client for more hours than he could count since his client turned himself in to West Goshen police the morning of July 2. He said he had presented the prosecution with information he had developed during his own investigation, information he said he believed led them to accept the plea to the lesser charge.

McGarrigle declined to comment on the case to the press following the proceeding, which took about 30 minutes. Miller and Frei, in comments later, heaped praise on the police investigators who brought the case to trial.

In addition to members of Roberson’s family and their supporters, the hearing was attended by members of Desper’s family; members of the West Goshen police department – including Chief Joseph Gleason; the lead investigators in the case, West Goshen Detective Jose Torres and Chester County Detective Ben Martin; and about half a dozen media representatives.

Roberson was 18 years old and had just graduated from West Chester’s Bayard Rustin High School when she went shopping in Exton on June 28, 2017 and started to drive home on the Route 100 spur in West Goshen. There, she encountered Desper in his 2002 red Chevrolet Silverado around 5:30 p.m. and the two began jockeying for position as the two lane highway merged into a single lane.

According to witnesses, the two cars battled for space along the highway, each trying to pass one another. At some point, however, Desper pulled a loaded .40 caliber Smith & Wesson semi-automatic handgun from his driver’s compartment, pointed it out his open passenger window, and fired it at Roberson’s 2012 Chevrolet Malibu.

According to the facts that Miller placed on the record for Wheatcraft, Bianca Roberson was in the right lane of travel and Desper was to her left. When approaching the merger of Routes 100 and 202, Desper’s lane of travel ended. At the time he shot Roberson, the defendant had no lawful justification or excuse and acted with malice, he said.

Roberson, fatally injured, veered off the highway and into a roadside ditch. Desper sped off as other drivers watched and the incident was partially captured on surveillance cameras.

“The defendant did not stop or call for assistance and instead fled the area,” Miller stated. He “left his red pickup truck at a friend’s house and went to Delaware. After several days, the defendant voluntarily surrendered to authorities at McGarrigle’s office. A search of his residence that McGarrigle said he pointed the investigators to led police to recover the .40 caliber firearm used in the murder.

Although the decision to agree to the third degree murder plea drew fire on social media, at least one outside observer said it made sense for the prosecution to do so.

In Pennsylvania, the difference between first-degree murder and third-degree murder not only comes in the maximum punishments between the two degrees of homicide, but also in how they are defined and proven. Persons convicted of first-degree murder are subject to a mandatory life in state prison without the possibility of parole.

A first-degree murder is one that is committed with premeditation and malice, said Mark Conte, a West Chester defense attorney who spent years as a deputy district attorney in the county DA’s office.

“Malice shows a hardness of heart, a wickedness of disposition, in the crime,” he said in an interview Wednesday. “Premeditation is proven when it is the conscious objective of the defendant to cause a murder. That premeditation can be formed in an instant, a small amount of time. but it still has to be present. Third-degree murder has no requirement for premeditation.”

Conte, who said he was not privvy to any discussions in the DA’s Office about Desper’s case, nevertheless said he hd been part of similar deliberations about other murder cases.

“I suspect the district attorney looked at the facts and evidence that they hd in this case and felt that they had a very difficult case when it came to proving first-degree murder. But a guaranteed conviction for third degree murder was better than the possibility of something less, like manslaughter,” said Conte.

He said Desper’s attorneys – McGarrigle and co-counsel Mary Beth Welch – could have argued that the back-and-forth jockeying between the two cars refuted the concept of malice. “I can see how the defense could have argued that he was just firing a ‘warning shot.’ The reality is, there is only one person who knew what was going on in that car, and that is the defendant.”

A charge of voluntary manslaughter would carry with it a jury instruction that the crime was committed “in the heat of passion, under serious provocation” – almost a text book definition of voluntary manslaughter.

Conte said he, “understood where the DA’s Office is coming from in their decision. To convince 12 jurors of anything is difficult to do, especially first-degree murder.”

Had the family voiced their objection at the plea proceeding, Wheatcraft could conceivably have made the decision not to accept the guilty plea and force the prosecution to take the case to trial, as some supporters had demanded. (It is a rare occasion when a defendant voluntarily pleads guilty to first-degree murder and accepts the mandatory life sentence that comes with it without a contest.) It has happened.

In 2012, the family of a murder victim, Brian Keith Brown of Coatesville, told the judge hearing the case of a man suspected as being part of the conspiracy to kill him that they did not believe a plea to third-degree murder was proper. The judge then rejected the plea and ordered the man brought to trial on charges first-degree murder. The defendant, Joshua “Jizz” McMillan, was acquitted on all counts.

To contact staff writer Michael P. Rellahan call 610-696-1544.

The new law will require that entities like school districts and local governments seek court approval before taking property by eminent domain if that property is under conservation easement, said a representative of Natural Lands, a major player in regional efforts to preserve open space. The legislation was prompted by two instances in which local school districts in the state had sought to seize lands protected by Natural Lands, including the recently opened Stoneleigh Preserve in Lower Merion, Montgomery County.

The bill that Gov. Tom Wolf signed into law Sunday was sponsored by state Rep. Warren Kampf, R-157th, of Tredyffrin.

“Protecting open space and our natural areas is something that helps everyone and ensures a future connected to our past,” Kampf said Monday in an email sent to Digital First Media. “Chester County has a long and successful tradition of this. The new law proves the General Assembly’s commitment to land preservation and to standing with landowners willing to help us do that.

“I was proud to take on this fight and work with many partners to achieve success,” said Kampf. The bill was co-sponosred by state Reps. Marcy Toepel R-147th, of Gilbertsville, and Kate Harper R-61st, of Blue Bell, both in Montgomery County.

Late Friday, the Pennsylvania Legislature passed House Bill 2468 by wide margins in both chambers, remarkable not only for the support it received across the aisles but because it had only been introduced by Kampf earlier this month.

Under the new law, government entities seeking to take land that is under a conservation easement that forbids further development will have to prove in a county Orphans Court that there are no “reasonable and prudent alternative” sites for their proposed facilities.

Molly Morrison, president of Natural Lands, paid tribute to Kampf, Toepel, and Harper, as well as state Sen. Bob Mensch, R-24th, of Red Hill, Montgomery County and “every member of the Legislature who voted for (the bill.) (They have) our sincere gratitude.”

Morrison added, “While the law places an additional obstacle in the school districts’ way, the threat to Stoneleigh and the McCormick Farm is still very real. We will continue to fight until both properties are removed from consideration.”

In the House, all of the members representing areas in Chester County, with the exception of one – state Rep. Duane Milne, R-167th, of Willistown, who did not vote – voted in favor of the bill. In the state Senate, all three members who represent areas in the county – state Sens. Andy Dinniman, D-19th, of West Whiteland, John Rafferty, R-44th, of Potsttown, and Tom McGarrigle, R-26th, of Drexel Hill – voted against the legislation.

According to Natural Lands, the Lower Merion School District has formally expressed plans to seize some or all of the newly opened Stoneleigh, a 42-acre public garden that was donated to Natural Lands in 2016 by the estate of John and Chara Haas so that it could be made open to the public. Lower Merion Conservancy, which holds the conservation easement on Stoneleigh, has aligned with Natural Lands in the effort to prevent any of the property from being taken by the school district.

Simultaneously, the Cumberland Valley School District in Cumberland County, has initiated a taking by eminent domain of the historic 108-acre McCormick Farm for a proposed new school. That property has been protected by a Natural Lands conservation easement since the 1980s and the organization is fighting the taking in court.

Under the new law, both school districts will have to prove in court that there are no “reasonable and prudent alternative” sites for their proposed new schools and sports facilities.

House Bill 2468 was introduced on June 6, voted through the House on June 19 and through the Senate three days later. The remarkably quick approval of the bill and overwhelming majority votes represent profound legislative support for conservation and for the common-sense notion that, once land is preserved, it should stay that way.

Said Harper, “This new law allows for the careful balancing of public interests before land set aside forever for the public’s benefit as open can be taken for development for a government purpose.”

“I am pleased that we were successful in getting this bill enacted into law. For properties like Stoneleigh, it is imperative to have additional oversight regarding the ability to use eminent domain to seize all or even part of a property,” said Toepel. “The generous donation of the Haas family estate to Natural Lands must be protected to insure transfers such as this are not discouraged or jeopardized.”

To contact staff writer Michael P. Rellahan call 610-696-1544.

But earlier this month, a Berwyn man who lived on the same secluded, wooded street as the victim, was identified in a court document as a “person of interest” in connection with the homicide investigation by an attorney representing the Chester County Sheriff’s Office.

The man, David F. Bookstaber, appeared in Common Pleas Court in an attempt to have a judge order county Sheriff Carolyn “Bunny” Welsh to approve his application for a license to carry a firearm, after the office had rejected it in November. Bookstaber charged in a petition that he had been improperly denied the license because of two police reports filed in Tredyffrin.

But as the solicitor for the Sheriff’s Office, attorney Dawson R. Muth of the West Chester firm of Lamb McErlane, explained to Judge Patrick Carmody during the Jan. 2 hearing, the denial was made after Bookstaber was identified by the District Attorney’s Office as having an unspecified connection to the June 2016 death of widow Denise Barger, although Bookstaber faces no criminal charges in connection with the case.

In his response to Bookstaber’s petition, Muth wrote that, “it is denied that the sheriff relied solely on the content of two police reports in making her decision to deny (Bookstaber’s) application. (The office) is aware that (Bookstaber) is a person of interest in a homicide investigation in Chester County.” Deputy District Attorney Carlos Barraza had confirmed this fact, Muth wrote.

Muth later said that the homicide investigation he referenced was that surrounding Barger’s death. On Wednesday, he acknowledged telling Carmody of the “person of interest” designation during the brief proceeding in his courtroom while Bookstaber was present.

Indeed, in one of the police reports that Bookstaber submitted with his petition to force the Sheriff’s Office to issue the license, Barger is identified as the person complaining to Tredyffrin police that she had heard a “loud explosion” coming from woods near her property, and that her husband, Thomas Barger, had heard what he thought were gunshots. “She reports the neighborhood is having an ongoing problem with her next door neighbor, David Bookstaber, who is repeatedly firing weapons on his property,” Officer Joseph Butler wrote in the report of the February 2015 incident.

The sheriff of a county can deny an application for a firearms license based on the “character and reputation” of the person filing it. “We feel that his conduct is such that he is likely to act in a manner that would be a danger to public safety,” Muth told the Daily Local News on Wednesday.

Carmody did not rule on Bookstaber’s petition, in which he was representing himself. The judge continued the case because Barraza could not be present, and to give Bookstaber a chance to get an attorney for the proceeding. If granted, the license would permit Bokstaber to carry a concealed weapon on his body or in his car.

On Wednesday, Barraza declined comment on the case or Muth’s description of his discussion about Bookstaber. In addition, Tredyffrin Detective Sgt. Todd Bereda, the district’s public information officer, also declined comment on the matter, except to say that police “investigators are still pursuing leads” in the Barger homicide.

Bookstaber, 41, of Berwyn has not been charged with any crime associated with Barger’s death. Repeated attempts to reach him for comment were unsuccessful. Messages left to telephone numbers included in his court filings were not returned.

According to one veteran criminal defense attorney, the phrase “person of interest” is more a term of art rather than a formal legal description. It is used by both state and federal law enforcement, said attorney Robert J. Donatoni of West Chester.

“A ‘person of interest’ is a term used frequently in state and federal court for a person for which law enforcement has an interest where there is some connection to the commission of a crime, but for whom there is not sufficient probable cause to make an arrest or form an accusation,” Donatoni said. It does not necessarily mean that the person is a suspect in a crime,

Donatoni noted that it is unusual for state prosecutors to publicly identify those persons “for obvious reasons,” although in federal court, suspects in criminal cases are sometime sent letters identifying them as “targets” of an investigation for which there is enough information available to issue an indictment. That is not the case with Bookstaber.

In June 2016, Tredyffrin police announced that they were investigating the “suspicious death” of Barger, whose body was found by a family member who had gone to her Heatherstone Drive home to check on her. She had lived alone, Thomas Barger having died in March 2015. Later, District Attorney Tom Hogan said the case was a homicide, and suggested that the perpetrator knew the victim.

“Every indication we have is that this was a targeted attack,” Hogan said at the time. “Given the location of where the victim lived, which is out of the way of well-traveled spots, this does not appear to be a random attack.” The cause of death was blunt force trauma.

In August of last year, the Citizen’s Crime Commission announced that it is offering a $35,000 reward for information leading to the arrest and conviction of her killer.

“They might not realize that it’s important information. They might think it’s innocuous or inconsequential. But it might be something that could be helpful to investigators in helping this case move forward to a resolution,” Barraza was quoted as saying. “We’re hoping that somebody will have information that will help bring justice to this victim and help bring some closure to the family.”

In the police report of Barger’s complaints about noise coming from the area of Bookstaber’s home on Feb. 2, 2015, officers said that they staked out the property, which sits at the top of a hill in the community. Around 2:50 a.m., the officers heard “a small caliber rifle report followed in several seconds by two more shots. The report sounded like a small .22 round and the bullets could be heard going into the woods.”

Bookstaber was contacted about the incident later that day. Told that there was a township ordinance prohibiting the discharge of firearms in the township, Bookstaber said that he was aware of the law but that no guns had been fired from his home. When Officer Robert Bostick told him that police had heard shots that day coming from his home, he again denied firing any weapons.

Police later learned that a PECO utility police transformer may have malfunctioned and exploded in the area at the time of the incident. No charges were filed and the report states that since Feb. 3, 2015 there have been no other reports of gunshots in the area.

Bookstaber was known to Tredyffrin police. In July 2014, he had been arrested and charged with another incident involving gunshots at his property. He was charged with recklessly endangering another person and disorderly conduct after complaints, although he told police at the time that the noises were fireworks and not gunshots. Those charges were later withdrawn and records of the arrest expunged, according to Bookstaber’s petition.

Bookstaber has an impressive resume.

A graduate of Yale, he has considerable experience in both the financial and engineering fields, and is currently listed as the owner of a consulting firm, Boniface LLC, which he runs from his Berwyn home.

He was once a member of the former Tredyffrin Budget Advisory Working Group that advised elected supervisors on financial issues concerning the township budget in the wake of the Great Recession in 2008. He is a veteran of the U.S. Air Force, and is said to be an accomplished marksman.

His wife, Deborah Bookstaber, is a former member of the Tredyffrin-Easttown School Board.

To contact staff reporter Michael P. Rellahan call 610-696-1544.

The presence of female officials on the stage did not pass unnoticed by county commissioners’ Chairwoman Michelle Kichline, who shared officiating duties with commissioners’ Vice Chairwoman Kathi Cozzone as county President Judge Jacqueline Carroll Cody administered several of the oaths of office.

“Chester County government, unlike our state and federal governments, has a long history of electing women to leadership positions,” said Kichline, the Republican who announced earlier that her fellow commissioners, Democrat Cozzone included, had agreed to keep Kichline in place as head of the three-member board for another year.

“In fact, one could argue that having so many women at the helm has strongly contributed to our position as the healthiest, the wealthiest, and the best educated county in the state,” Kichline said, offering parenthetical apologies to Commissioner Terence Farrell, seated a few feet away and smiling at the joke.

“In all honesty, the women and men who have been elected for public service in Chester County do contribute to our many accolades and achievements, whether for strong fiscal management, a healthy pension fund, for a government that plans for growth and open space, or for a county that works as one to fight the opioid and heroin crisis.” She pledged to work together with the new officials from the opposing party, “in the best interests of all Chester County citizens.”

The four women who were sworn in – Patricia Maisano, Margaret Reif, Yolanda Van De Krol and Dr. Christina Vandepol – will all play a role in the continuation of those benefits, suggested Cozzone in her remarks. She remarked on the largely harmonious nature of county government in West Chester, unlike the other county seats in southeastern Pennsylvania.

“I don’t really label it bipartisanship,” she said, referring to her Democratic status and that of her colleagues’ Republican registration. “I see it as looking for solutions, looking for practical ways to serve the needs of Chester County citizens together. Is it always harmonious? No. We have our differences from time to time, but we agree to disagree. And through respect for each other, we are able to accomplish a lot.”

Farrell, in his address to those in the hall, said that even though the county had its share of wealth and prosperity, the real job of government was to pay attention to those who don’t. As the new Democratic row officers looked on, Farrell reminded them that taxpayer dollars go to “support our most vulnerable citizens.

“You might say that we, as elected officials, go to work to help those who don’t enjoy that prosperity,” he said. “As great as our accomplishments are, we will never forget that we go to work every day to help real people in need.”

The commissioners’ comments represented a break from past tradition at the swearing-in event that takes place every two years. In previous years, the role of master of ceremonies has been handled by the head of the Chester County Republican Committee. But with the presence now of Democrats in county leadership positions, that designation was abandoned.

“It was an incredible moment to witness these women take their oaths of office,” commented Democratic Party Chairman Brian McGinnis, who watched the ceremony with others who had contributed to the effort to elect a slate of party candidates. “They worked extremely hard throughout the campaign and it paid off. They will forever be a part of history as the first Democrats elected to countywide row offices in Chester County.”

The Democratic row officers – Maisano as treasurer, Reif as controller, Van De Krol as clerk of courts, and Vandepol as coroner – scored history victories in November, becoming the first of their party to win countywide elections outside of the minority commissioners’ office, which is mandated by county code.

Their victory was momentous not only because of its “first-ever” status, but because of its size and the status of the Republicans who went down to defeat winning their races by an average of 7 percent. Two years prior, in 2015, Democrats running for county office lost their races by an average of 17 percent.

Maisano, running for treasurer, outpolled Republican Jack London 57,318 votes to 49,453. Controller candidate Reif bested incumbent Republican Norman MacQueen 57,455 votes to 47,824. Van De Krol, who entered the race in mid-summer, was victorious over Clerk of Courts Robin Marcello, with 56,195 votes to incumbent Robin Marcello’s 50,199. And finally, coroner candidate Dr. Christina Vandepol won the race over incumbent Dr. Gordon Eck, 57,584 to 48,866.

“We put so much hard work into this,” said Van De Krol at the time, who was making her first run at countywide office. “It’s great that it turned out this way. Now, we’re ready to go.”

The sweep means that there will be nearly equal seats in the row office positions in 2018 between Democrats, with four, and Republicans, with five. Given that no Democrat has ever held any one of those seats before in the county’s 300-plus year history is an historic milestone of staggering proportions. The impact is real; for example, the Democrats now control the county’s Pension Board and its investment strategy and policies

Reif, 49, of Uwchlan has a degree in economics and finance and is controller for Youth Mentoring Project, a Malvern-based nonprofit organization. She previously worked as an investment liaison at Vanguard, and helps run a family business, Level Best Carpentry.

Van De Krol, 56, of Tredyffrin is a 20-year veteran of the financial services industry, including two years as vice president for Citizens Bank before her retirement this year. She served as president of the Tredyffrin Library Board, and previously ran for supervisor in that township.

VandePol, 69, of West Whiteland is a graduate of the University of Pennsylvania Medical School, and worked in medicine and research in a variety of positions. She currently teaches Human Anatomy and Physiology at Delaware Community College.

She said she would use the coroner’s office as a “bully pulpit” to discuss community concerns such as the opioid crisis. “I am a pro-active person,” she said. “I can’t just see a problem and then do nothing about it. As a public servant, the coroner should be contributing medical and scientific expertise to the battle against the opioid emergency.”

Maisano, 66, of Kennett, is the founder and chief executive officer of IKOR International, a company providing patient advocacy and professional guardianship services to the disabled and seniors.

She said her campaign was focused on “trust, transparency, and integrity. It should be about what you bring to the table, and having all people have a voice. This county has only had one voice for hundreds of years, and that’s what brought me to the table.”

None of the women made remarks at the swearing-in ceremony. Reif, Van De Krol, and Vandepol attended the commissioners’ reorganization meeting earlier, and participated in approving the staff positions for their offices for 2018. All four began work Tuesday at the county’s Justice Center, administrative offices, and Government Services Center.

Also sworn in were new magisterial district justices Bret Binder of West Chester, Al Iacocca of Kennett Square, and John Hipple of North Coventry.

To contact staff writer Michael P. Rellahan call 610-696-1544.