by peter e. bortner
A Pottsville man faces state prison after his conviction Monday in Schuylkill County Court.
Shane D. Hibbler, 21, did not react when the jury of eight women and four men ruled he was guilty of two counts each of possession with intent to deliver a controlled substance and possession of a controlled substance and one of possession of drug paraphernalia. Jurors deliberated slightly more than an hour before rendering their verdict.
Judge John E. Domalakes, who presided over the one-day trial, ordered preparation of a presentence investigation and scheduled Hibbler's sentencing for 10:30 a.m. Dec. 10.
Domalakes also revoked Hibbler's $15,000 percentage cash bail and the defendant left the courtroom in handcuffs on his way to prison pending sentencing.
Pottsville police charged Hibbler with possessing cocaine, marijuana and paraphernalia on Dec. 9, 2011, at the Market Street Apartments.
"I saw them pull a bag of marijuana out of a jacket," Tabitha J. St. Pierre testified as to the search of her apartment.
St. Pierre said the drugs and paraphernalia were in a room that Hibbler used.
An undercover city police officer testified Hibbler admitted the drugs, paraphernalia and the other items in the room in St. Pierre's apartment were his.
"He denied that anybody else stayed in that room," the officer testified. "He indicated the men's clothing and the shoeboxes ... definitely were his."
The officer testified drug activity had been reported in the three to five days that Hibbler's items were in the room in St. Pierre's apartment.
Elijah Hibbler, 17, of Summit Hill, the defendant's brother, testified on his behalf that he could smell marijuana in St. Pierre's apartment when he came over to give his brother a letter. He said his brother was not in the apartment at that time.
Jeffrey J. Markosky, Mahanoy City, Shane Hibbler's lawyer, said the police should have brought fingerprint evidence into court.
"It could have been done in this case," Markosky said. "It's not the defense's burden to prove anything."
Markosky also said St. Pierre admitted smoking marijuana and has an interest in keeping herself out of trouble.
However, Assistant District Attorney Leo Breznik successfully argued that Shane Hibbler had the most interest in the case and left the area after the incident for a reason.
"The reason he took off is because he knew he was guilty," Breznik said. "His whole testimony was false."Defendant: Shane D. Hibbler
Age: 21
Residence: Pottsville
Crimes committed: Two counts each of possession with intent to deliver a controlled substance and possession of a controlled substance and one of possession of drug paraphernalia
