Lebanon city constable James Drahovsky could avoid jail when he is sentenced on June 4 for leaving a loaded .40-caliber handgun in a public restroom at the offices of two city magisterial district judges.
Appearing in Lebanon County Common Pleas Court on Thursday, April 10, Drahovsky entered a “no contest” plea to a misdemeanor charge of recklessly endangering another person. A no contest plea is the same as a guilty plea for sentencing and criminal record purposes.
Although the charge carries a potential two-year jail sentence, the Lebanon County District Attorney has agreed to recommend 12 months of probation plus completion of a firearms safety course. Drahovsky could withdraw his plea and go to trial if the sentencing judge rejects the plea bargain on June 4.
County detectives charged the 71-year-old constable last August after a member of the public found his loaded Glock model 27 in an unlocked restroom off the office building’s lobby. They alleged that surveillance video showed Drahovsky entering with a clearly visible gun, then emerging minutes later without it. A serial number check confirmed that the weapon was Drahovsky’s.
Read More: DA files charge against local constable she says left gun in court restroom
District Attorney Pier Hess Graf said in a news release shortly after the charge was filed that “the restroom is in the lobby of the building and accessible to any member of the public. Staff need not unlock the restroom nor is it behind an otherwise private door. Drahovsky exited the restroom and left the building thereafter. Approximately an hour and a half later, a member of public entered the same restroom and discovered Drahovsky’s firearm. The citizen notified staff who called the Lebanon City Police.”
On Thursday morning, Judge Bradford Charles asked Drahovsky if he was admitting that he had no defense to the charge and whether he understood that a no contest plea was the same as a guilty plea for sentencing and criminal record purposes. Drahovsky answered “yes” both times.
Pennsylvania constables provide services for magisterial district judges, such as serving serving legal papers and carrying out judicially ordered evictions. Drahovsky mainly worked for city district judges Maria Dissinger and Aurelis Figueroa.
Shortly after Drahovsky was charged, Lebanon County President Judge John C. Tylwalk notified all county magisterial district judges that Drahovsky was “suspended from performing any and all judicial services [in the county], effective August 27, 2024, until further notice,” according to court administrator Stephanie Axarlis.
Drahovsky told LebTown after leaving the courtroom that he didn’t know whether or when his suspension would be lifted.
A no contest plea (also known as nolo contendere, Latin for “I do not want to contest”) differs from a guilty plea. Rather than admitting guilt, the defendant simply tells the court that he has no defense to the allegation. Penalties and any criminal record resulting from a no contest plea are the same as a guilty plea to the same offense.
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