A Girardville man will spend time on house arrest and probation instead of in prison after being sentenced Thursday in Schuylkill County Court for two crimes arising from separate incidents in 2011 in Pottsville.
Alberto Gonzalez Jr., 28, must spend three months on house arrest and nine on probation for one of his crimes, and 12 additional months on probation for the other, under the terms of Judge Cyrus Palmer Dolbin's sentence.
Dolbin also sentenced Gonzalez to pay costs and $100 to the Criminal Justice Enhancement Account. The judge made the sentence effective on July 23.
"It's time for you to start behaving like a man instead of a little boy," Dolbin told Gonzalez.
Gonzalez pleaded guilty on May 23 to defiant trespass and possession of a prohibited offensive weapon, with prosecutors dropping charges of simple assault and harassment.
Pottsville police charged Gonzalez with trespassing on a property on Sept. 17, 2011, and possessing the weapon on Oct. 1, 2011.
Gonzalez asked Dolbin to allow him to spend time on house arrest instead of in prison, saying he needed to help his fiancee, who needs physical therapy, take care of their children.
"I think that's a pretty substantial reason, Dolbin said.
Assistant District Attorney Jennifer N. Lehman had opposed house arrest, saying Gonzalez had behaved badly when he was in prison.
Assistant Public Defender Andrea L. Thompson, Gonzalez's lawyer, successfully argued that returning her client to prison would do more harm than good.
In other recent county court action, Judge Jacqueline L. Russell accepted guilty pleas from, and imposed the indicated sentences on, these defendants:
Melissa A. McCormick, 22, of Minersville; possession with intent to deliver a controlled substance; 36 months probation, $100 payment to the Substance Abuse Eduction Fund, $50 CJEA payment, $113 restitution to the state police laboratory in Bethlehem and submission of a DNA sample to law enforcement authorities. Prosecutors dropped a charge of possession of a controlled substance.
David U. Memeke, 31, of Pottsville; harassment; $200 fine. Prosecutors dropped a charge of simple assault.
William E. Miller, 45, of Schuylkill Haven; DUI; six months in the intermediate punishment program, $1,000 fine, $300 SAEF payment and $60 restitution to Schuylkill Medical Center-South Jackson Street. Prosecutors dropped charges of possession of marijuana, possession of drug paraphernalia, violation of restrictions on alcoholic beverages and disregarding traffic lane.
David A. Mullins Jr., 21, of Pottsville; possession of a prohibited offensive weapon and possession of drug paraphernalia; 18 months probation, $100 SAEF payment and $50 CJEA payment.
Norman S. Paisley III, 50, of Tamaqua; possession of drug paraphernalia and accident involving damage to attended vehicle or property; 18 months probation, $100 SAEF payment and $50 CJEA payment.
James A. Polusky, 21, of Mahanoy City; two counts of possession of a controlled substance and one each of criminal trespass, theft and receiving stolen property; 23 months probation, $100 SAEF payment, $100 in CJEA payments, $293 restitution, drug and alcohol evaluation and submission of a DNA sample to law enforcement authorities. Prosecutors dropped a charge of burglary.
Michael Portanova, 47, of Hazleton; DUI, possession of drug paraphernalia and failure to have rear lights; 72 hours to six months in prison with immediate parole, 12 months probation, $1,025 in fines, $100 SAEF payment, $50 CJEA payment and $60 restitution.
David J. Rambo, 25, of Philadelphia; theft; six months probation consecutive to current sentence and $50 CJEA payment. Prosecutors dropped a charge of receiving stolen property.
Jonathan D. Reed, 35, of Pottsville; DUI; six months in the intermediate punishment program, $300 fine and $100 SAEF payment.
A Monroe County man no longer faces an indirect criminal contempt charge arising from an incident on Independence Day in Pottsville, but still must defend against other criminal charges stemming from the same incident.
Prosecutors dropped the charge on Wednesday in Schuylkill County Court against Gregory J. Cousar, 39, of Mount Pocono, in order to prevent double jeopardy problems, Assistant District Attorney Robert E. Matta told Senior Judge D. Michael Stine, who had been scheduled to preside over Cousar's hearing.
Cousar had been charged by Pottsville police with indirect criminal contempt, which is contempt committed outside the courtroom, as a result of a July 4 incident in the city.
Stine had issued the order against Cousar on Dec. 8, 2010.
Pottsville police also have charged Cousar with burglary, criminal trespass, criminal mischief, harassment and driving under suspension in connection with the case. The defendant is scheduled to appear before Magisterial District Judge James K. Reiley at 11 a.m. July 27 for a preliminary hearing on those charges.
However, Cousar remains in prison in lieu of $50,000 straight cash bail pending that hearing.
In other recent county court action, Judge Jacqueline L. Russell accepted guilty pleas from, and imposed the indicated sentences on, these defendants:
Jesse M. Becker, 25, of Tamaqua; driving under the influence, driving without a license and failure to have rear lights; 72 hours to six months in prison, $1,225 in fines, $100 payment to the Substance Abuse Education Fund, $50 payment to the Criminal Justice Enhancement Account and $60 restitution. Prosecutors dropped charges of possession of a controlled substance and disregarding traffic lane.
All defendants who were sentenced must pay costs as a part of their sentences.