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Man with autism charged after taping at crash scene

18-year-old's arrest places disorder in spotlight

Saturday, June 10, 2006
BY TOM BOWMAN
Of The Patriot-News

Peter J. Grabko, 25, of Lower Paxton Twp., was driving on Paxton Street Thursday with his brother Joseph D. Grabko in the passenger seat when they came upon a fatal accident.

Peter Grabko, who would like to become a professional photographer, grabbed his camera and began shooting photos of the accident. His brother Joseph, 18, who has autism and other mental disabilities, picked up a miniature audio recorder and began interviewing witnesses.

Their actions got the attention of Swatara Twp. police. Before long, the younger brother was in police custody, facing the felony charge of intercepting communications, plus lesser charges of tampering with evidence and resisting arrest.

Joseph Grabko said yesterday that a Swatara Twp. police officer warned his brother to stop taking photos.

Swatara police Capt. Jason Umberger said yesterday that the reason Peter Grabko was asked to stop taking photos was because the dead driver's body was still in the car. The captain agreed Peter Grabko broke no laws when he photographed the accident.

The same wasn't true for the younger brother. Joseph Grabko was recording the conversation between the police officer and Peter Grabko.

Umberger told Joseph Grabko it is illegal to record someone without asking their permission. He asked Joseph Grabko to hand over the recorder as evidence. The 18-year-old refused, Umberger said, and tried to erase the recording.

Umberger grabbed the recorder. Joseph Grabko resisted and Umberger locked his arm behind his back and handcuffed him.

Joseph Grabko was taken before a district justice, charged and sent home.

Neither brother told police that Joseph Grabko has autism, a neurological disorder that inhibits the ability to communicate and interact socially.

Umberger said police didn't know Joseph Grabko was autistic until his mother called after he had been released. Umberger said police asked Joseph Grabko if he had any physical or mental problems and he said no.

With autism, symptoms vary widely. Some people lead near-normal lives, but some need constant care. Joseph Grabko has been diagnosed with Asperger's Syndrome, a form of autism.

When Joseph Grabko got home, his mother, Lynn Grabko, called police. She explained that her son has autism, that he has been hospitalized and exhibits obsessive compulsive behavior.

"I called [the arresting officer] and talked with him," Lynn Grabko said. "He didn't seem to understand. I just didn't think he got it."

One person who understands autism is Judy Chabanik. Her 15-year-old son has been diagnosed with Asperger's Syndrome, he is also on the distinguished honor role at Cedar Cliff High School.

"My son, if someone were to ask if he had a mental problem, he would say no," Chabanik said. "If they said does he have autism, he would say yes."

Chabanik, who is a member of the Greater Harrisburg Area Chapter of the Autism Society of America, said autistic children can't always understand what others are saying if what is said is subtle.

"Unfortunately, our kids can't read facial expressions well," Chabanik said. "They can't read body language well -- the subtle nuances that this was a serious thing the police were doing -- they wouldn't see that. The [autistic] kids are being totally honest. People think they are being smart. The policeman -- it was probably difficult for him thinking that a kid was just being smart with him. That's why it was probably a difficult situation."

As a result of the incident, Joseph Grabko faces life with a felony charge.

"I'm just wondering what is going to be served by throwing the book at this young man," said Ron Honberg, a spokesman for the National Alliance for the Mentally Ill. "A felony on one's record functions like an albatross around one's neck. People with disabilities, particularly severe disabilities, face significant barriers in society anyway.

"If there's a way to avoid creating any additional burdens on them with respect to a felony charge that can result in a felony charge and employers per se refusing to hire them or landlords per se refusing to rent to them, then it's desirable to do so just as a matter of social policy. It's a question of is this young man going to have a chance to live life as a productive citizen or life as a dependent person."

Dauphin County District Attorney Ed Marsico said the offense, as described to him, is a violation of the state wiretap law.

"If someone records someone else without their permission in Pennsylvania, that's a violation," Marsico said.

TOM BOWMAN: 255-8271 or tbowman@patriot-news.com



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