POLICE CRIMINAL COMPLAINT
COMMONWEALTH OF PENNSYLVANIA COUNTY OF LACKAWANNA Magisterial District Number:
COMMONWEALTH OF PENNSYLVANIA VS.
DEFENDANT:
45-1-02
(NAME and ADDRESS)
RICARDO
MDJ Hon.
MAG. FARRELL
Address:
130 N. WASHINGTON AVENUE SCRANTON, PA 18503
Telephone:
(570)963-6518
YUSKO
First Name
Middle Name
Last Name
Gen.
225 WATKINS ST SWOYERSVILLE, PA 18704 NCIC Extradition Code Type
o o o o
o X 1 - Felony Full o 2 - Felony Ltd. o 3 - Felony Surrounding States o 4 - Felony No Ext.
o o o o
5 - Felony Pend. 6 - Felony Pend. Extradition Determ. A - Misdemeanor Full B - Misdemeanor Limited
C - Misdemeanor Surrounding States
o Distance: _________
D - Misdemeanor No Extradition E - Misdemeanor Pending F - Misdemeanor Pending Extradition Determ.
DEFENDANT IDENTIFICATION INFORMATION Docket Number
Date Filed
OTN/LiveScan Numbe
Complaint/Incident Number
02/11/2016 GENDER
09/06/1958
DOB
o X Male o Female
SID
Request Lab Service?
o
1605040 POB
Add'l. DOB
First Name
Middle Name
o X
YES
NO
o
Co-Defendants?
Last Name
Gen.
AKA
o X o X
RACE ETHNICITY
o
White
o
Asian
o
Hispanic
o o o o o
HAIR COLOR
EYE COLOR
Driver License
State
DNA
o
Blk (Black)
o X o
Blk (Black) HAZ (Hazel) License Number
o X
o
Unknown
o o
PLE (Purple)
XXX (Ink./Bald)
o o
GRY (Gray)
Non-Hispanic
Red (Red/Aubn) Ong (Orange)
o o
SDY (Sandy)
o o
BRO (Brown)
WHI (White)
o
Native American
o o X
BLU (Blue)
o o
GRN (Green)
NO
Blu (Blue) MAR (Maroon)
PNK (Pink)
29157028
o o
GRN (Green)
BRO (Brown) PNK (Pink)
MUL (Multicolore
XXX (Unknown
Expires
WEIGHT (lbs.)
DNA Location
FBI Number
MNU Number
Defendant Fingerprinted
Unknown
Bln (Blonde / Strawberry)
PA
YES
o o
Gry (Gray)
o
Black
o
o X
YES
Ft. HEIGHT
in.
5
NO
08
Fingerprint Classification
DEFENDANT VEHICLE INFORMATION State
Plate #
Hazmat
Registration
Comm'l Veh
o
Sticker (MM/YY)
Ind.
Year
VIN
Make
Model
o X Approved
Office of the attorney for the Commonwealth
o
School Veh.
o
Oth. NCIC Veh. Code
Style
Reg. Same
Color
as Def.
o
o Disapproved because:
(The attorney for the Commonwealth may require the complaint, arrest warrant affidavit, or both, be approved by the attorney for the Commonwealth prior to filing. See PA. R. Crim. P 507.)
02/11/2016
ADA JENNIFER MCCAMBRIDGE (Name of the attorney for the Commonwealth - Please Print or Type)
I,
(Signature of the attorney for the Commonwealth)
DET. JENNIFER GERRITY
682/34606
(Name of the Affiant)
of
(Date)
PSP/MPOETC - Assigned Affiant ID Number & Badge #
PA0350400
SCRANTON POLICE DEPARTMENT
(Police Agency ORI Number)
(Identify Department or Agency Represented and Political Subdivision)
do hereby state: 1.
o X I accuse the above named defendant who lives at the address set forth above o I accuse the defendant whose name is unknown to me but who is described as o I accuse the defendant whose name and popular designation are unknown to me and whom I have with violating the penal laws of the Commonwealth of Pennsylvania at [
1101 VINE ST SCRANTON, JEWISH HOME in
LACKAWANNA
County [
35] (County Code)
AOPC 412A - Rev 12/14
on or about
302 (Subdivision Code)
SCRANTON (Place-Political Subdivision)
02/11/2016 07:30 to 02/11/2016 (Offense Date)
Page 1 of 3
POLICE CRIMINAL COMPLAINT Docket Number
Date Filed
OTN/LiveScan Number
Complaint/Incident Number
1605040
02/11/2016 First
Defendant Name
Middle
Last
RICARDO
YUSKO
The acts committed by the accused are described below with each Act of Assembly or statute allegedly violated, if appropriate. When there is more than one offense, each offense should be numbered chronologically.
(Set forth a brief summary of the facts sufficient to advise the defendant of the nature of the offense(s) charged. A citation to the statute(s) allegedly violated, without more, is not sufficient. In a summary case, you must cite the specific section(s) and subsection(s) of the statute(s) or ordinance(s) allegedly violated. The age of the victim at the time of the offense may be included if known. In addition, social security numbers and financial information (e.g. PINs) should not be listed. If the
X o
Lead?
o
o X Attempt
Inchoate Offense
18 901 A
1
18 902 A
0901A
Offense #
Section
18
1
F1
PA Statute (Title)
Counts
Grade
of the
Subsection
Accident Number
PennDOT Data (if applicable)
o
Solicitation
o
Conspiracy 18 903
NCIC Offense Code
o
Safety Zone
UCR/NIBRS Code
Work Zone
Statute Description (Include the name of statute or ordinance): CRIMINAL ATTEMPT
Acts of the accused associated with this Offense :
P.C.C. 901 (a) CRIMINAL ATTEMPT TO COMMIT RAPE P.C.C 3121 (a) The Actor, Ricardo YUSKO, on or about, 2/11/16 @ 7:30pm , in the County of Lackawanna, committed an attempt when, with the intent to commit the crime of, RAPE, the said actor did acts which constituted a substantial step toward the commission aforesaid crime, in violation of Section 901(a) of the Pennsylvania Code, Act of December 6, 1972, as amended, 18 Pa. C.S. 901(a) To Wit: Defendant did have the victims leg in the air, victim's undergarments were removed and the defendant had his pants unbuckled with his zipper down when witness entered the room.
o
Lead?
o
o X Attempt
Inchoate Offense
18 901 A
2
18 902 A
0901A
Offense #
Section
18
of the
Subsection
PA Statute (Title)
Accident Number
PennDOT Data (if applicable)
o
Solicitation
o
1
F2
Counts
Grade
Conspiracy 18 903
NCIC Offense Code
o
Safety Zone
UCR/NIBRS Code
Work Zone
Statute Description (Include the name of statute or ordinance): CRIMINAL ATTEMPT
Acts of the accused associated with this Offense :
P.C.C. 901 (a) CRIMINAL ATTEMPT TO COMMIT P.C.C 3124 .1 SEXUAL ASSAULT The Actor, Ricardo YUSKO, on or about, 2/11/16 @ 7:30pm , in the County of Lackawanna, committed an attempt when, with the intent to commit the crime of, SEXUAL ASSAULT, the said actor did acts which constituted a substantial step toward the commission aforesaid crime, in violation of Section 901(a) of the Pennsylvania Code, Act of December 6, 1972, as amended, 18 Pa. C.S. 901(a) To Wit: Defendant did have the victims legs slightly up in the air, victim's undergarments were removed and the defendant had his pants unbuckled with his zipper down when witness entered the room.
o
Lead?
o
o Attempt
Inchoate Offense
18 901 A
3
18 902 A
3126
Offense #
PennDOT Data (if applicable)
Section
o
Solicitation
1 Subsection
Accident Number
of the
18 PA Statute (Title)
o
Safety Zone
1
M1
Counts
Grade
Conspiracy 18 903
NCIC Offense Code
o
UCR/NIBRS Code
Work Zone
Statute Description (Include the name of statute or ordinance): INDECENT ASSAULT
Acts of the accused associated with this Offense :
INDECENT ASSAULT The Actor, RICARDO YUSKO , on or about, 02/11/2016 @ 0730 pm , in the County of Lackawanna, had indecent contact with another person, namely, "J F" , not his or her spouse, or caused said other person to have indecent contact with him or her, without the consent of said other person, namely, "J F" in violation of Section 3126(1) of the Pennsylvania Crimes Code, Act of December 6, 1972, as amended, 18 Pa. C.S. 3126(1) To Wit: Defendant did have the victims leg in the air, victim's undergarments were removed and the defendant had his pants unbuckled with his zipper down when witness entered the room.
AOPC 412A - Rev 12/14
Page 2 of 3
POLICE CRIMINAL COMPLAINT Docket Number
Date Filed
OTN/LiveScan Number
Complaint/Incident Number
1605040
02/11/2016 First
Defendant Name
Middle
Last
RICARDO
YUSKO
2. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. 3. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of section 4904 of the Crimes Code (18 PA C.C. 4904) relating to unsworn falsification to authorities. 4. This complaint is comprised of the preceding page(s) numbered
1
through
.
2
The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonwealth of Pennsylvania and were contrary to the Act(s) of Assembly, or in violation of the statutes cited. (Before a warrant of arrest can be issued, an affidavit of probable cause must be completed, sworn to before the issuing authority, and attached.)
, (Date)
(Signature of Affiant)
AND NOW, on this date I certify that the complaint has been properly completed and verified. An affidavit of probable cause must be completed before a warrant can be issued.
SEAL
45-1-02 (Magisterial District Court Number)
AOPC 412A - Rev 12/14
(Issuing Authority)
Page 3 of 3
POLICE CRIMINAL COMPLAINT Docket Number
Date Filed
OTN/LiveScan Number
Complaint/Incident Number
02/11/2016 Defendant Name
First
1605040 Middle
Last
RICARDO
YUSKO AFFIDAVIT of PROBABLE CAUSE
On 01/11/20106, Detective Gerrity and Detective Dombroski responded to The Jewish Home of Eastern Pennsylvania , at 1101 Vine Street, Scranton, Pennsylvania on a report of sexual assault. Upon arrival Detective Gerrity met with Ashley Gula. Gula is a Certified Nursing Assistant at The Jewish Home. Gula was working on the third floor, and entered female patient J.F.'s room to provide evening care. J.F., date of birth 03/25/1929 is a dementia patient at the facility. As Gula entered the room, she observed Ricardo Yusko standing on the side of J .F.'s bed. J.F. was not wearing any underwear and her legs were slightly in the air with her vaginal area exposed. Yusko's one leg was up on the bed with the front of his body facing toward J.F. Yusko appeared startled when Gula entered the room. Yusko's pants were unzipped and his belt was open. He adjusted himself and pulled up his pants. J.F. was not assigned to Yusko and therefore, Yusko should not have been providing care, such as washing or dressing the patient. Detective Gerrity met with Yusko in the conference room at The Jewish Home . Yusko described that he went into the patient, J.F's room to get her washed and changed, and she was wearing a gown. Yusko then stated that J.F. was naked and he was helping her to get dressed. Yusko initially couldn't explain the inconsistency but then recalled that when he first entered the room J.F. was clothed but was naked the second time he came in. Yusko repeatedly stated "I was trying to make her feel good and give her attention". Yusko described that he used a paper towel to clean J.F. Detective Gerrity suggested to Yusko that he did not penetrate J .F. but only used his penis to rub her vagina. Yusko nodded his head in agreement and stated "yes. That's basically it". Yusko explained that J.F. was always making sexual advances and tries to get Yusko to touch her . J.F. Detective Gerrity suggested to Yusko that he didn't forcefully assault J.F. Yusko replied "She's incompetent. It doesn't matter that I didn't force her, my boss will see it the same."Yusko admitted that J.F. liked to have her vaginal area rubbed, and that he didn't do anything that J.F. didn't want. Yusko stated "I don't know what to say because I don't know what the other nurse saw." DET. JENNIFER GERRITY (682) I, ____________________________________________, BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
(Signature of Affiant)
Sworn to me and subscribed before me this _________ day of _______________,_____________________ __________________ Date ____________________________________________ , Magisterial District Judge My commission expires first Monday of January, ____________
SEAL
AOPC 411C - Rev 09/12
Page 1 of 2
POLICE CRIMINAL COMPLAINT Docket Number
Date Filed
OTN/LiveScan Number
Complaint/Incident Number
1605040
02/11/2016 Defendant Name
First
Middle
Last
RICARDO
YUSKO
AFFIDAVIT of PROBABLE CAUSE CONTINUATION
The information contained in this affidavit is based on investigation conducted by the Scranton Police Department , namely Detective Jennifer Gerrity and Detective Joseph Dombroski, and other law enforcement officials. The information in this affidavit is provided for the limited purpose of establishing probable cause for a criminal complaint for violations of (Title 18) Pennsylvania Consolidated Statutes Crimes & Offenses, (see charged offenses).
Your Affiant is personally involved in the investigation of the offenses referred to in the complaint ; Your Affiant is also familiar with all aspects of this investigation. Because this affidavit is being submitted for the limited purpose of establishing probable cause, I have not included each and every fact known to me concerning this investigation. Instead, this affidavit sets forth only those facts which I believe are necessary to support a finding of probable cause to believe that the defendant has committed the charged offenses .
Your Affiant is personally involved in the investigation of the offenses referred to in the complaint . This affidavit sets forth only those facts which I believe are necessary to support a finding of probable cause to believe that the defendant has committed the charged offenses.
(Signature of Affiant)
AOPC 411C - Rev 09/12
Page 2 of 2
Confidential Information Form Criminal Complaint
CONFIDENTIAL
Complete the defendan't SSN information if known. If this form is submitted as part of a Police Criminal Complaint, the NCIC Cautions/Medical Conditions and Scars/Marks/Tatoos sections should also be completed if know.
Docket Number
Date Filed
OTN/LiveScan Number
Complaint/Incident Number
1605040
02/11/2016 Defendant Name
First
Middle
Last
RICARDO
YUSKO
NCIC Cautions and Medical Conditions (check up to 9)
o o o o
o o o o
00 05 10 15
20 25 30 40
o o o o
50 55 60 65
o o o o
70
o
01 - Other
80 85 90
Scars, Marks, Tattoos
Confidential Information Name
RICARDO YUSKO
o X
Defendant
o
Other
AOPC 412A - Rev 09/12
Social Security Numbe
128-52-8034
Financial Information:
Page 1 of 1
