Man charged with raped faces DUI charge

BY STACI WILSON

A South Montrose man accused of raping a woman while she was sleeping in October 2012, has found himself on the wrong side of the law again with a DUI charge lodged against him stemming from an incident in December 2012.

Joseph Zajaczkowski, 20, waived his Feb. 5 formal arraignment in the Susquehanna County Court of Common Pleas. Two counts lodged against him – rape of an unconscious person and aggravated indecent assault – have been held for trial. He remains free on unsecured bail.

The charges were filed by Tpr. Mark Keyes following an incident at a residence in Bridgewater Twp.

According to the affidavit of probable cause, Zajaczkowski was visiting the victim’s residence and had been drinking alcohol that night. She also told police that he had attempted to kiss her multiple times but that she rebuffed his advances.

The Susquehanna County Independent does not identify the victims of alleged sexual assault.

Another female was present at the residence with the victim and Zajaczkowski.

The victim told police she had gone to sleep in her bedroom but was awakened to find some of her clothing removed and Zajaczkowski  on top of her performing a sexual act, according to the affidavit.

Zajaczkowski declined to be interviewed by police in connection with the allegations made against him and told Tpr. Keyes he was advised not to speak with police by his attorney, according to the affidavit.

The DUI charges were filed Jan. 23 by Montrose Ptlm. James Smith.

Zajaczkowski has been charged with DUI; DUI while a minor; driving without a license; purchase, consumption, etc. of alcoholic beverages by a minor; and failure to stop at a red signal in connection with a Dec. 15, 2012 incident in Montrose.

A preliminary hearing has been scheduled on the DUI and related charges for Feb. 25 in Montrose District Court.

Zajaczkowski was represented by attorney Bernard Brown in Tunkhannock Wednesday afternoon when he appeared before Wyoming County President Judge Russell Shurtleff for an ARD revocation hearing.

There he faced a single charge of unsworn falsification to authorities regarding a March 13, 2012, incident in Meshoppen Borough, and was allowed in September to enter the county’s accelerated rehabilitative disposition program which allows first-time offenders to have a case expunged from the public record if they have no brushes with the law in the 12 months following their entry in the program.

Judge Shurtleff revoked Zajaczkowski’s participation in the program, paving the way for an April trial date in the Wyoming County matter.