A Pottsville woman went to prison after being sentenced Friday in Schuylkill County Court for stealing last November from the Wal-Mart Supercenter in Saint Clair.
Tammy N. Baker, 32, did not react as Judge Jacqueline L. Russell sentenced her to spend one to 12 months in prison, plus an additional 12 months on probation, pay costs and $50 to the Criminal Justice Enhancement Account, and undergo drug and alcohol and mental health evaluations.
"It is necessary" for Baker to go to prison, Russell said.
Baker pleaded guilty on Oct. 17 to retail theft, which Saint Clair police had charged her with committing on Nov. 30, 2011, at Wal-Mart, 500 Terry Rich Blvd.
Assistant Public Defender Paul G. Domalakes, Baker's lawyer, asked Russell to allow his client to be on house arrest instead of behind bars, saying she has six children to take care of and a seventh on the way.
"I don't know that it is going to serve any real purpose," Domalakes said of imprisoning his client.
However, Russell went along with the request of Assistant District Attorney Thomas J. Campion Jr., who asked that Baker spend a month in prison.
"She has continued to engage in criminal activity," Russell said. "She has been given advance warning."
Also on Friday, Russell returned Michael Gustis, 31, of New Ringgold, to prison after revoking his parole in one case and his probation in another.
"Mr. Gustis does not seem to understand that being involved in illegal drug activity is a problem," Russell said. "In our world, drugs are a problem."
In one case, Russell revoked Gustis' parole, recommitted him to prison with a new maximum sentence date of Dec. 4, 2013, ordered him to undergo drug and alcohol, mental health and anger management evaluations and barred him from applying for a new parole for at least two months.
In the other case, she revoked his probation and sentenced him to spend 18 additional months on probation, perform 20 hours community service and pay costs and a $50 CJEA payment.
Gustis pleaded guilty on March 21 to simple assault and harassment in the first case and two counts of receiving stolen property and one of conspiracy in the second case. At that time, Russell sentenced him to serve 51 days to 18 months in prison and 18 months concurrent probation.
Schuylkill Haven borough police had charged Gustis with committing the assault and harassment on March 30, 2011, in the borough, and with committing the other crimes on March 20, 2011, also in the borough.
Gustis denied he had either a drug or alcohol problem on Friday, saying he was not a daily user and plans to be drug free.