Rebecca Brand stands outside Rudy’s Mexican Restaurant for a News-Press photo shoot. She was there on Christmas Eve and said that’s when a homeless woman injured her by repeatedly slamming her cell phone against her hip while trying to pry it from Ms. Brand’s hand.
A homeless woman will return to court next month for a second chance to enter a plea on charges connected to the alleged Christmas Eve theft of a cell phone from a witness who saw her standing outside an upper State Street restaurant moments after someone threw a rock that smashed the eatery’s front window.
Nelly Gackowska, 60, appeared in court Monday for further arraignment on charges of second-degree robbery and grand theft from a person, both felonies.
“Ms. Gackowska appeared in court yesterday,” Deputy District Attorney Elizabeth Branch told the News-Press on Tuesday. “The case was continued for further arraignment on the information to April 3.”
The defendant pleaded not guilty at her initial arraignment.
But after a judge at a preliminary hearing ruled that her case could proceed to trial, she was granted a second opportunity to choose between pleading guilty or not guilty, Ms. Branch said.
Ms. Gackowska could receive a maximum sentence of five years in prison if convicted.
The defendant represented herself at her preliminary hearing, but a public defender was appointed to represent her at her new arraignment.
The witness, Rebecca Brand, saw the front window of Rudy’s restaurant shatter before her eyes.
She contends that Ms. Gackowska forcibly took her cell phone from her moments later because she took pictures of the defendant at the scene, and because she was calling 9-1-1 to report the incident.
Ms. Brand said the defendant injured her by repeatedly slamming her cell phone against her hip while trying to pry it from Ms. Brand’s hand, and that the alleged attack left her with a large bruise.
However, Ms. Brand never actually saw who threw the rock that broke the window, and prosecutors have declined to charge the defendant with that offense despite Rudy’s willingness to press charges.
“We don’t have enough evidence to prove a vandalism (incident) beyond a reasonable doubt, so that charge has not been filed for the broken window,” Ms. Branch said previously.
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