By Elizabeth Evans
The York Dispatch
YORK COUNTY, Pa. — Road-rage charges against a former York County Prison corrections officer have been dropped, and the guard said he is now fighting to get his job back.
Juan M. Canales, 42, of Dover Township, had been charged with simple assault, reckless driving and five counts of reckless endangerment for the Aug. 29 incident on Route 30 eastbound near Eden Road in Springettsbury Township.
But on Monday, deputy prosecutor T.L. Kearney dropped those charges.
Instead, Canales pleaded guilty to a summary violation of careless driving. He was fined $25 and ordered to pay court costs.
Canales said he was fired from the prison after the incident came to light. He was hired by the prison on Nov. 24, 2008, according to the county’s Department of Human Resources.
Kearney confirmed that preliminary-hearing testimony from a neutral eyewitness -- who confirmed Canales’ version of events -- factored into the decision to drop the charges and allow Canales to plead guilty to a summary offense.
“We felt, under the circumstances, it was the best resolution under the law,” Kearney said.
‘Grateful': “I’m feeling great,” Canales said Monday afternoon. “I’m truly grateful for the witness coming forward. ... She’s a sweet lady.”
Defense attorney Farley Holt, who represented Canales, said the plea agreement was reached Monday morning.
“I provided (a transcript of) testimony from the neutral eyewitness and (Kearney) read that,” Holt said. “As a result of that, I guess he re-analyzed his case.”
Canales said he didn’t want to plead guilty to careless driving, but was advised by Holt to take the deal.
"(Prosecutors) didn’t want me to walk away (scot-free),” Canales said. “That’s what my attorney told me.”
“It was an OK result,” Holt said. “It was a tough pill for Juan to swallow, and I can understand why -- he felt he was the victim in the whole matter. He wasn’t thrilled about pleading, even to a summary.”
Canales said he’s now trying to get his job back. He said the prison guards’ union is representing him.
Bob Nace, executive director of the county’s Department of Human Resources, said he cannot comment on the matter because it is a personnel issue.
The background: Springettsbury Township Police initially filed charges based, in part, on statements from Canales’ alleged victim, David Enck of Lancaster, and Enck’s adult son, Noah Enck, who was a passenger in his father’s pickup truck.
Those statements said Canales slammed on his brakes for no reason, causing David Enck’s pickup truck to rear-end Canales’ car, according to court documents.
But an eyewitness to the incident testified at Canales’ preliminary hearing in October, raising doubt as to who started and escalated the incident.
RaeAnn Brennan of West Manchester Township testified she saw Enck’s pickup truck cut off Canales in traffic, narrowly avoiding a crash.
“The silver truck looked like it was trying to keep up with the car,” Brennan testified. "(Enck) just kept flipping him the finger. ... He leans out of his car, he’s yelling.”
Then, she said, Enck started throwing items out of his truck at Canales’ car, including a paper cup and litter. Enck made a quick lane change to get behind Canales and followed him very closely, Brennan said.
‘On his tail': At that point, Canales was forced to slow down for traffic, Brennan said.
“The silver truck was right on his tail and just smashed into him,” she said.
Canales got out of his car, pointed a handgun at Enck and started yelling for Enck to “get the f- out of the truck,” court documents state.
But Canales - who has maintained Enck deliberately rear-ended him -- said he felt an “imminent threat” because he saw Enck “fiddling under his seat” and was afraid the man was reaching for a gun.
Police confirmed Canales told them the same thing, but said no weapon was found in Enck’s possession.
Canales said he holstered his own handgun and called 911 as soon as he determined Enck wasn’t reaching for a weapon. Canales has a concealed-weapons permit and was legally carrying the gun, police said.
Enck, who was not charged, did not return a phone message seeking comment.
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