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District court, July 28, 2012

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A Pottsville man returned to prison temporarily after being sentenced Monday in Schuylkill County Court in two cases involving retail theft charges.

Michael A. Kanger, 38, who had had his probation and parole revoked on June 14, will either stay in prison until March 7, 2014, or enter a long-term substance abuse rehabilitation program, Judge Jacqueline L. Russell said.

Additionally, Russell sentenced Kanger to spend two additional years on probation once his parole is completed.

Kanger originally pleaded guilty on Nov. 24, 2010, to two counts of retail theft and one each of public drunkenness and disorderly conduct. At that time, Russell sentenced him to serve 29 days to 23 months in prison and 23 months concurrent probation. She also ordered him to pay costs, a $50 fine, $100 to the Criminal Justice Enhancement Account and $77.41 restitution - amounts he still must pay under the terms of Russell's new sentence - and submit a DNA sample to law enforcement authorities.

Saint Clair police charged Kanger with both thefts, saying he committed the one while drunk on Jan. 23, 2010, and the other while disorderly on April 30, 2010, in both cases in the borough.

In other recent criminal court action, Russell accepted guilty pleas from, and imposed the indicated sentences on, these defendants:

Sean E.T. Kehoe, 21, of Pottsville; two counts each of delivery of a controlled substance, possession with intent to deliver a controlled substance and possession of a controlled substance and one each of criminal use of a communication facility, possession of a small amount of marijuana and purchase, consumption, possession or transportation of an alcoholic beverage by a minor; four to 23 months in prison, $300 in SAEF payments, $150 in CJEA payments, $226 restitution to the state police crime laboratory in Bethlehem and submission of a DNA sample to law enforcement authorities. Prosecutors dropped an additional count of criminal use of a communication facility.

Ernest J. Kerestes, 50, of Lansford; DUI and disregarding traffic lane; 48 hours to six months in prison, $525 in fines, $100 SAEF payment and $50 CJEA payment.

Douglas A. Litwhiler, 27, of Mahanoy City; failure to drive at a safe speed and disregarding traffic lane; $50 in fines. Prosecutors dropped a charge of DUI.

Christopher Madenford, 32, of Tremont; DUI, driving under suspension, improper display of plate or card and operating vehicle without valid inspection; 72 hours to six months in prison, $1,250 in fines, $100 SAEF payment, $50 CJEA payment and $60 restitution to Schuylkill Medical Center-South Jackson Street. Prosecutors dropped charges of fleeing or eluding police and driving an unregistered vehicle.

Steven Marsicano, 45, of Tamaqua; criminal use of a communication facility and delivery of a controlled substance; three to 23 months in prison, $100 SAEF payment, $50 CJEA payment, $226 restitution to the state police crime laboratory in Bethlehem and submission of a DNA sample to law enforcement authorities. Prosecutors dropped charges of possession with intent to deliver a controlled substance and possession of a controlled substance.

All defendants who were sentenced must pay costs as a part of their sentences.

An Ashland motorist is headed to prison after being sentenced Tuesday in Schuylkill County Court for driving under the influence in May 2009 in Butler Township.

Douglas R. Kerner, 44, did not react as President Judge William E. Baldwin ordered him to spend one to five years behind bars, effective at 9 a.m. Tuesday.

Baldwin imposed the sentence after removing Kerner from the intermediate punishment program following the defendant's admission that he violated its terms by possessing alcohol at least twice.

Kerner originally pleaded guilty on Nov. 25, 2009, to DUI, with prosecutors dropping a charge of speeding. At that time, Baldwin placed him in the intermediate punishment program for five years and ordered him to pay costs, a $2,500 fine, $300 to the Substance Abuse Education Fund, $50 to the Criminal Justice Enhancement Account and $60 restitution to Schuylkill Medical Center-South Jackson Street, amounts he still owes under the terms of Tuesday's sentence.

Butler Township police charged Kerner with DUI on May 31, 2009, in the township.

Baldwin also sentenced Keith W. Lash, 49, of Pottsville, on Tuesday to serve four months and two days to 18 months in prison and pay costs, $800 in fines, a $100 SAEF payment, $60 restitution to Schuylkill Medical Center-South Jackson Street and $66.50 restitution to the City of Pottsville.

Lash pleaded guilty on Dec. 2, 2010, to DUI and accident involving damage to unattended vehicle of property in one case and false reports to law enforcement in another.

Pottsville police filed both sets of charges against Lash, alleging he was DUI and hit a traffic sign on Oct. 29, 2009, and made a false report on Dec. 14, 2009, with both incidents occurring in the city.

"I'm not going to drive DUI any more," said Lash, who also told Baldwin that he had gotten rid of his truck.

Also in the county court, Judge Charles M. Miller sentenced Tobi A. Metz, 30, of Schuylkill Haven, on Monday to spend six to 12 months in prison on a charge of possession of drug paraphernalia.

Miller imposed the sentence after revoking Metz's probation.

Metz originally pleaded guilty on Nov. 16, 2011, to possession of a small amount of marijuana and possession of drug paraphernalia. At that time, Miller placed Metz on probation for 12 months and also sentenced him to pay costs and $113 restitution to the state police crime laboratory in Bethlehem, amounts Metz still owes under the terms of Miller's new sentence.

Schuylkill Haven borough police charged Metz with possessing marijuana and paraphernalia on Feb. 25, 2011, in the borough.


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