Judge to decide if ‘body’ is considered a device to spread virus

WILKES-BARRE — Is the human body considered a device used to intentionally spread viruses or other pathogens?

A decision by Luzerne County President Judge Michael T. Vough will determine if Margaret Cirko, 36, of Tomko Avenue, Hanover Township, faces a bomb threat charge when her trial is tentatively scheduled to begin June 22.

Hanover Township police charged Cirko with spitting and coughing on food items inside Gerrity’s Supermarket, Sans Souci Parkway, while yelling, “I have the virus, you’re all going to get sick,” on March 25, 2020.

About three weeks earlier, Gov. Tom Wolf declared a state of emergency due to the coronavirus pandemic.

While Cirko is facing charges of terroristic threats, criminal mischief, disorderly conduct and criminal attempt, her attorney, Thomas S. Cometa, is seeking to have the bomb threat charge dismissed.

Cometa argued the criminal statute of bomb threats with the underlying premise of weapons of mass destruction does not include bodily fluids. Cometa believes the law does not include the human body as a device.

In sharp contrast, District Attorney Sam Sanguedolce and Assistant District Attorney Drew McLaughlin believe the human body is a device that can be used to intentionally spread viruses, pathogens and bacteria.

During a brief court proceeding Monday, Cometa, Sanguedolce and McLaughlin argued their positions before Vough.

Vough said he reviewed the surveillance video that allegedly shows Cirko spitting and coughing inside the supermarket.

McLaughlin in court records filed last week stated surveillance footage shows Cirko “smiling” while pushing an empty shopping cart down aisles spitting and coughing on food items.

Vough said he will issue his opinion at a later date.