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A Luzerne County prison correctional officer has been suspended without pay for allegedly pointing a loaded 9mm pistol at a man inside a Plains Township diner on Sunday, county officials said.

The correctional officer, Kory M. Kish, 28, was charged with aggravated assault, recklessly endangering another person, simple assault and disorderly conduct.

The aggravated assault and disorderly conduct charges were later withdrawn. At a preliminary hearing Tuesday before Magisterial District Judge Joseph Spagnuolo Jr. in Plains Township, the reckless endangerment and simple assault charges were waived to county court.

Kish’s bail also was reduced from $25,000 to $20,000, and he was released under the supervision of his father, Spagnuolo’s office said.

Kish, who was hired in January 2015, receives $35,324 annually in his county position.

According to the arrest affidavit:

The victim, Patrick Green, told police he was in the bathroom at D’s Diner on East Main Street talking about football with a friend when an unknown man, who was later identified as Kish, dressed in black wearing a Redskins hat entered the room.

Green said he started talking about football to the stranger, who then replied, “This country is ran by the white man.”

When Green told the stranger he was part Puerto Rican, he said the man told him to “go back from where you came from,” unclipped a holster and brandished a silver gun.

At that point, Green’s friend, identified as “Ed,” came into the bathroom and pushed Green away from the stranger after Green informed him he had a gun. Green said the stranger then pointed the gun at him.

Another witness, Rebecca Arent, told police a man dressed in black wearing a Redskins hat pointed a chrome gun down the hallway toward Green.

Several other witnesses told police they observed Kish with a gun and that he was tackled to prevent him from entering the dining area.

David Dougalas said he was eating with friends in the dining room when two men came into the room alerting others the man in black had a gun. Dougalas said he saw the man in black holding a handgun and approaching the dining area. Fearing for the safety of patrons, Dougalas said he tackled the man and saw the gun was loaded.

Another patron, Thomas Waver, offered the same description of the incident and said he and Dougalas tackled the man with the gun and disarmed him.

James Serafin said he barricaded the door leading into the main dining area so the man holding the gun could not access the room before the man was tackled and disarmed.

Diner worker Derrick Denman said he was in the kitchen and saw the man in black walk past the doorway with a gun before a few men tackled the man to prevent him from entering the dining area.

Robert Suchocki also witnessed the man in black carrying a gun approaching the dining area and said he had to be restrained for the safety of patrons.

Police met Green and Edward Walsh when they arrived at the diner in response to a 911 call about fighting and a man with a gun. Green and Walsh informed police the man with the gun was restrained in the game room.

In the game room, a group of men pointed police to a man dressed in black with facial bleeding. Someone gave police the silver handgun with the chamber opened and containing one bullet and were informed the gun had been “loaded ready to fire.”

About 50 people were inside the restaurant at the time.

County Correctional Services Division Head Mark Rockovich said Tuesday Kish will remain on unpaid leave pending further investigation.

Luzerne County prison
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By Jennifer Learn-Andes

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Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.