Sixteen people received a second chance from the criminal justice system Thursday in Schuylkill County Court, as they entered a special probationary program that will allow them to emerge with a clean record if they successfully complete it.
That program, the Accelerated Rehabilitative Disposition program, requires participants to pay the costs of it, perform community service and comply with all directives from the court and the county Adult Probation and Parole Office, Judge John E. Domalakes told the 16.
"I certainly hope that you do everything that you're told to do," Domalakes said.
Participants who comply with those conditions then can petition the court to have the charges against them dismissed and their record expunged. Any defendant who does not successfully complete the program can be removed from it and have his or her case placed back on the trial list.
"This is your opportunity to have these charges dismissed," Domalakes said.
The 16 people Domalakes admitted into the program, and the charges against them, included:
Timothy W. Dorshimer Jr., 27, of Pottsville; driving under the influence.
Jacqueline Firestine, 37, of Tremont; five counts of theft, four of forgery and one of access device fraud.
Edward J. Flaim, 18, of Barnesville; unauthorized use of a motor vehicle.
Jason Halupa, 31, of Pottsville; DUI.
Nichole Horack, 23, of Lansford; DUI.
Edward M. Kaluchie, 67, of Llewellyn; DUI.
Lisa A. Kauffman, 45, of Pottsville; DUI.
Joseph C. Kehoe III, 21, of Ashland; DUI.
Eli E. Long, 20, of Ashland; disorderly conduct.
Jimmy C. McMurray Jr., 46, of Madison, Ala.; DUI.
Christine M. Naftzinger, 32, of Pine Grove; DUI.
Rachel A. Rogers, 32, of Andreas; DUI.
Richard K. Snyder, 41, of Coaldale; conspiracy, theft and receiving stolen property.
Michael J. Sunderville, 54, of Lansdale; four counts each of forgery and tampering with public records and one each of deceptive business practices, theft by deception and theft by failure to make required disposition.
Charles M. Williams Jr., 19, of Drexel Hill; simple assault.
Robert S. Wisniewski, 23, of Dillsburg; DUI.
In other recent county court action, a Schuylkill Haven woman left prison on July 19 after being sentenced in Schuylkill County Court on two sets of charges.
Danielle B. Wildermuth, 30, admitted violating her probation on two counts of receiving stolen property and one of theft.
Judge Cyrus Palmer Dolbin revoked Wildermuth's probation, sentenced her to 49 days to 23 months in prison and granted her immediate parole.
However, Dolbin warned Wildermuth that she needed to change her behavior in order to remain free.
"If you violate again ... then they're going to put you back in (prison)," he told her.
Wildermuth originally pleaded guilty on April 4 to the charges, with prosecutors dropping five counts of defiant trespass. At that time, Dolbin placed her on probation for 12 months and also sentenced her to pay costs and $100 to the Criminal Justice Enhancement Account; Wildermuth is still liable for those amounts under the judge's new sentence.
State police at Schuylkill Haven alleged Wildermuth committed the theft and receiving stolen property on June 7, 2011, and the second receiving stolen property charge on Sept. 5, 2011.
Also on July 19, prosecutors dropped a charge of driving under suspension against Anthony J. Petritsch, 37, of Shenandoah.
State police at Frackville alleged that Petritsch drove with a suspended license on Nov. 24, 2011. Magisterial District Judge Anthony J. Kilker, Shenandoah, found Petritsch guilty on March 15, but the defendant appealed on April 10.
In other recent criminal court action, Judge Jacqueline L. Russell accepted guilty pleas from, and imposed the indicated sentences on, these defendants:
Douglas G. Brower, 41, of Jonestown; interference with custody of children; 10 days to 23 months in prison with immediate parole, $50 CJEA payment and drug and alcohol evaluation.
Jayne E. Bruno, 45, of Reading; theft; 12 months probation consecutive to current sentence, $50 CJEA payment, $50 bench warrant fee and $1,218 restitution. Prosecutors dropped a charge of receiving stolen property.
Joshua L. Bubeck, 31, of Schuylkill Haven; two counts each of possession with intent to deliver a controlled substance and possession of drug paraphernalia and one of possession of a controlled substance; six to 12 months in prison, $400 in fines, $200 in SAEF payments, $100 in CJEA payments, $176 restitution to the state police crime laboratory in Bethlehem and submission of a DNA sample to law enforcement authorities.
Ralph J. Castellano Jr., 53, of Pottsville; driving under suspension-DUI related; 60 days in prison, $1,000 fine, $50 CJEA payment, $50 bench warrant fee and $5,125.55 restitution. Prosecutors dropped charges of habitual offenders and accident involving damage to unattended vehicle or property.
Christopher J. Fox, 22, of Schuylkill Haven; possession with intent to deliver a controlled substance, possession of a controlled substance and possession of drug paraphernalia; 23 months probation, $300 payment to the Substance Abuse Education Fund, $50 CJEA payment, $113 restitution to the state police crime laboratory in Bethlehem and submission of a DNA sample to law enforcement authorities.
Kerry L. Freedman, 37, of Coaldale; possession of drug paraphernalia; 12 months probation, $100 SAEF payment, $50 CJEA payment and $113 restitution to the state police crime laboratory in Bethlehem. Prosecutors dropped charges of criminal use of a communication facility, delivery of a controlled substance, possession with intent to deliver a controlled substance and possession of a controlled substance.
Mark A. Hamilton, 45, of Pottsville; disorderly conduct; 12 months probation and $50 CJEA payment. Prosecutors dropped two charges of prohibited possession of firearm.
Thomas E. Halye, 37, of Pottsville; criminal trespass; $50 fine. Prosecutors dropped a charge of defiant trespass.
Elizabeth N. Henderson, 20, of Kulpmont; two counts each of retail theft and conspiracy and one of defiant trespass; eight days to 23 months in prison, 23 months consecutive probation, $100 in CJEA payments and $827 restitution. Prosecutors dropped two additional counts of retail theft and one of harassment.
Tyler J. Hosler, 27, of Pottsville; driving under the influence; six months probation, $100 SAEF payment, $50 CJEA payment and $60 restitution to Schuylkill Medical Center-South Jackson Street.
Patricia A. Hunter, 42, of Hanover Township; conspiracy and retail theft; one to 23 months in prison, $50 CJEA payment and $325.09 restitution. Prosecutors dropped a charge of receiving stolen property.
Lorraine Layden, 51, of York; conspiracy and retail theft; one to 23 months in prison, $50 CJEA payment, $50 bench warrant fee, $325.09 restitution and submission of a DNA sample to law enforcement authorities. Prosecutors dropped a charge of receiving stolen property.
Jessey L. Long, 23, of Pottsville; possession of a small amount of marijuana and possession of drug paraphernalia; 12 months probation, $100 SAEF payment and $113 restitution to the state police crime laboratory in Bethlehem. Prosecutors dropped charges of disorderly conduct and purchase, consumption, possession or transportation of an alcoholic beverage by a minor.
Also in the county court, a New York man must spend time in a Pennsylvania state prison after pleading guilty to, and being sentenced on, charges arising from two assaults he committed in 2011, one in Schuylkill Haven and the other in Pottsville.
Jeffrey M. Marchuck, 27, of Kingston, N.Y., must serve one to two years in a state correctional institution, plus two additional years on probation, under the terms of Domalakes' sentence, which was imposed on July 20.
Marchuck pleaded guilty to three counts of simple assault and one each of recklessly endangering another person, resisting arrest and fleeing and eluding police. Prosecutors dropped three counts of aggravated assault and one of prohibited possession of firearm.
Schuylkill Haven borough police charged Marchuck with committing one assault on June 6, 2011, in the borough, while Pottsville police charged him with committing the other on Oct. 24, 2011, in the city.
Marchuck also must pay costs and $100 to the Criminal Justice Enhancement Account under the terms of Domalakes.
In another July 20 case, Domalakes sentenced Van D. Vesay Jr., 26, of Huntington, to serve six to 12 months in prison concurrent to his current sentence and pay costs, $100 to the Substance Abuse Education Fund, a $50 CJEA payment and $113 restitution to the state police crime laboratory in Bethlehem.
Vesay pleaded guilty to possession of a controlled substance, with prosecutors dropping a charge of possession of contraband.
Pottsville police had charged Vesay with possessing Clonapin on April 28, 2011.
"He was turning himself into the county prison" when caught with the drug, Assistant District Attorney Rebecca A. Elo said.
Vesay is an inmate at SCI/Smithfield, and he participated in his hearing by videoconference.
Also on Friday, Domalakes revoked the parole of William F. McDonald, 43, of Girardville, who did not appear for his hearing.
McDonald initially pleaded guilty on May 21, 2009, to conspiracy, possession of a controlled substance and possession of drug paraphernalia, and Domalakes placed him on probation for 12 months.
Domalakes revoked that probation on June 28, 2011, and sentenced McDonald to spend four to 12 months in prison.
Domalakes ruled that McDonald violated his parole by failing four drug tests.
"He's had some rather intensive inpatient treatment but continues to abuse controlled substances," Domalakes said. "The reason we're doing this is to keep him under supervision."
McDonald now will be under supervision, either in prison or on parole again, until April 9, 2013. Domalakes did not send him to prison immediately, instead saying he would wait to see if he is in a rehabilitation program.
In other recent criminal court action, Russell accepted guilty pleas from, and imposed the indicated sentences on, these defendants:
Christopher Hyland, 43, of Tamaqua; possession of drug paraphernalia; 12 months probation, $100 payment to the Substance Abuse Education Fund and $50 CJEA payment.
Duane J. Ingraham Jr., 22, of Pottsville; two counts each of delivery of a controlled substance, possession with intent to deliver a controlled substance, criminal use of a communication facility and possession of a controlled substance and one of possession of drug paraphernalia; one to 23 months in prison with immediate parole, 12 months consecutive probation, $300 in SAEF payments, $100 in CJEA payments, $226 restitution to the state police crime laboratory in Bethlehem and submission of a DNA sample to law enforcement authorities.
Barry E. Jacoby Jr., 40, of Pine Grove; harassment; $300 fine. Prosecutors dropped two counts of disorderly conduct, an additional count of harassment and one count each of terroristic threats and simple assault.
All defendants who were sentenced must pay costs as a part of their sentences.