Ex-Hanover constable guilty of falsifying ARD forms
A former Hanover constable who was accused in 2016 of fudging official state forms related to his job has pleaded guilty to submitting falsified court forms in his 2017 DUI case.
Royce Kent Foltz II, 38, pleaded guilty Monday, Nov. 18, to one count of second-degree misdemeanor unsworn falsifications to authorities involving forged or altered documents, according to court records.
It was a negotiated guilty plea, court documents state. Sentencing is set for 1:30 p.m. Jan. 30 before Common Pleas Judge Michael E. Bortner.
The plea agreement calls for Foltz to spend a year on probation and pay court costs, DA's office spokesman Kyle King confirmed.
Also set for that date and time is Foltz's nonjury trial before Bortner on his drunken driving case. A nonjury or "bench" trial is one in which the presiding judge determines guilt, rather than a jury of one's peers.
Foltz's defense attorney, John Mooney, could not immediately be reached for comment Monday.
The background: York County detectives began investigating after Foltz sent the York County District Attorney's Office completed forms indicating he had performed community service for Southeastern Adams Volunteer Emergency Services (SAVES) and for the Florida contingent of Oath Keepers, according to court documents.
Foltz, 38, of the 600 block of High Street in Hanover, submitted the forms to show he had performed community service, which was required for him to successfully complete the Accelerated Rehabilitative Disposition program. The program allows first-time nonviolent offenders to avoid possible conviction by instead completing court-ordered requirements.
He was accepted into ARD in June 2018 for his DUI case, court records state. His requirements included completing 40 hours of community service within four months of his ARD acceptance, documents state.
On Dec. 21, 2018, and Jan. 16, 2019, Foltz emailed community-service reporting forms to the DA's office that indicated he had volunteered with both groups, charging documents allege.
But an administrator at SAVES told investigators Foltz wasn't present for any of the incidents or events that Foltz noted on his form, documents state.
A supervisor for the Florida contingent of Oath Keepers said he doesn't know Foltz and that Foltz wasn't involved in any of the group's volunteer efforts in the wake of Hurricane Michael, a Category 5 hurricane that hit Florida in October 2018.
The form sent to the DA's office by Foltz indicated he volunteered in Florida after that hurricane.
Oath Keepers is one of the largest anti-government groups in the United States, according to the Southern Poverty Law Center, and claims to have tens of thousands of current and former law-enforcement officials and military veterans as members.
Foltz was removed from the ARD program on Sept. 5, court records state. That means he lost the opportunity to avoid possible conviction in his DUI case.
The DUI case: Foltz remains charged with DUI and careless driving for hitting a building while allegedly driving drunk.
He was driving his Toyota Tacoma in Hanover about 1:30 a.m. Feb. 12, 2017, when he crashed into the storefront of 455 Carlisle St., wedging his vehicle between a pole and the building, according to court documents filed by Hanover Police.
When officers got there, Foltz was standing outside the Toyota and a woman was in the driver's seat, police said.
Foltz initially denied being the driver but later admitted to driving after drinking "at multiple local establishments throughout the course of the evening," documents allege.
His blood-alcohol level was later determined to be 0.2%, or more than twice the state's legal limit of 0.08%, court documents state.
Police said he was swaying back and forth at the scene, slurring his words and smelling strongly of alcohol.
2016 constable case: Charging documents filed in December 2016 by York County detectives stated Foltz and former Penn Township constable Adam Harris improperly submitted constable cost sheets in Harris' name, including while Harris was on vacation in Florida.
Foltz submitted paperwork to York County on behalf of Harris and signed Harris' name on that paperwork, according to court records at the time. The paperwork was seeking payment for warrants and subpoenas allegedly served by Harris, documents state.
Mooney previously told The York Dispatch that Foltz, who was elected in January 2016, was still learning how to be a constable when the charges were filed.
"Unfortunately, Mr. Foltz is being prosecuted for trying to learn a job that has no known notebook of procedures ... or any administrative orders for constable protocol," Mooney said in December 2016.
The DA's office later dropped the charges against Foltz and Harris, who were suspended from constable duties in August 2016 after the allegations surfaced.
— Reach senior crime reporter Liz Evans Scolforo at email@example.com or on Twitter at @LizScolforoYD.