Published: November 08, 2007 11:39 pm            

Charges against pastor tossed

EBENSBURG — Charges that the Rev. Randy Rugh illegally cashed a church’s $23,540 certificate of deposit have been thrown out.

Rugh was accused of cashing the CD of the Chickaree Union Church in Jackson Township, the “Jesus Saves Church,” where he formerly was pastor.

However, Rugh and his attorney, Brian Bronson of Greensburg, maintained Rugh did nothing improper because the certificate, at the time it was cashed, was under the name of an incorporated church by the same name.

District Attorney Patrick Kiniry said Thursday that he and his prosecutors will review the evidence to determine whether to appeal Judge David Tulowitzki’s decision to the state Superior Court. Another option, Kiniry said, would be to file the criminal case against Rugh under different charges.

“It appeared to us that the conduct of the defendant – and from the reasonable inferences (of the conduct) – amounted to a ruse to get control of these church funds.

“That also was the decision of the district judge who heard the evidence at the preliminary hearing stage,” Kiniry said.

But Tulowitzki ruled that the matter is a civil case. A civil suit was filed in 2006 against Rugh by the 19 members of the church.

Bronson said the pastor “is excited about the decision.

“He’s hoping he can now increase his congregation” in the incorporated church in New Alexandria.

“This has been very hard on him, and he felt it affected his spiritual (abilities). He never felt he did anything criminally,” Bronson said. “He’ll try to reach a settlement on the civil end.”

Terry Fletcher, a church member who, along with his brother, filed the charges, said, “I’m disappointed. (Rugh) used the money to start another church. It was money gathered by our church.”

Although the counts of theft by failure to make required disposition of funds and theft were filed in a private complaint, they had been approved by the DA’s office for prosecution.

Tulowitzki ruled that because there was no evidence that Rugh took the money for personal use, he cannot be held criminally liable. As president of the incorporated church, Rugh was authorized to convert a church CD into cash to benefit the corporation, he said.

Ebensburg attorney Timothy Burns, who filed the parishioners’ civil lawsuit, said that case will be pursued if Kiniry does not appeal or file new charges.

        

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