Second time around, he'll face trial in flash mob

IN JUNE, a Philadelphia judge concluded that a store's surveillance video depicting about 25 young men jammed into a corner store - some looting - wasn't enough evidence to hold one of the alleged "flash mob" members.

Following that preliminary hearing, Common Pleas Court Senior Judge Felice Rowley Stack dismissed all charges against Jimmy McCaskill, 20, who walked free after three months in jail.

But the District Attorney's Office refiled charges against McCaskill for his alleged part in the March 18 mayhem in the store at 8th and Catharine streets.

Yesterday, Common Pleas Judge Frank Palumbo held McCaskill for trial after viewing the video and listening to heated arguments from defense attorney Benjamin G. Perez and Assistant District Attorney Kevin Harden.

"Looking at that video, it looks like he's distracting the clerk," Palumbo said of McCaskill. "He's standing out."

"The video is actually pretty scary," added Palumbo, who held the defendant on counts of robbery, riot, conspiracy and related offenses. "This is not a close call. Even if you're from out in the sticks, you would be scared."

At the time of the incident, McCaskill was serving two years' probation for which he was sentenced in April 2010 for a theft and conspiracy conviction, according to court records.

Harden said that due to a large police presence on South Street, McCaskill's group of about 25 teens and young adults moved a few blocks south on 8th Street, then "ransacked" the store and assaulted the clerk, Fei Chen, who suffered a lip injury.

The case against McCaskill, he said, is a good example of how hard it is to prosecute so-called flash-mob crimes.

"Initially, the victim was not able to identify Mr. McCaskill, although this was the individual who was directly in his face," he said. "The video just shows what we've been fighting in this city with flash mobs and how difficult it is to prosecute them."

Perez maintained that the video doesn't incriminate his client.

"The video shows a person who resembles him standing and trying to buy something in a store," Perez said after the hearing. "Then it shows some kind of disruption. Then it shows the person alleged to be him leaving.

"First of all, they can't show that he was there. Second of all, and most importantly, they haven't shown him doing anything wrong."

Co-defendant Joseph Whitfield, 18, who allegedly punched Chen in the mouth, was previously held for trial. Three juveniles have also been arrested, but about 20 others remain on the loose, said Harden.

"Hopefully, this video will help us identify more individuals."