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Criminal court, Dec. 16, 2012

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A Pottsville man will spend time on house arrest instead of in prison after being sentenced Monday in Schuylkill County Court for selling prescription drugs twice in September 2011 in Minersville.

Thomas R. Fort, 55, must serve three to 23 1/2 months on house arrest with electronic monitoring under the terms of Judge John E. Domalakes' sentence, which will be effective on Dec. 17.

"You're not going to regret this, sir," Fort told Domalakes, who also sentenced him to pay costs, $200 to the Substance Abuse Education Fund, $100 to the Criminal Justice Enhancement Account, $291 restitution to the state police crime laboratory in Bethlehem and $160 restitution to the Minersville Police Department.

Fort had pleaded guilty on Oct. 17 to two counts of delivery of a controlled substance, with prosecutors dropping two counts each of possession of a controlled substance and misbranding of a controlled substance.

Minersville police had charged Fort with selling the drugs on Sept. 8, 2011, and again on Sept. 9, 2011.

Stephen P. Ellwood, Pottsville, Fort's lawyer, successfully argued to keep his client out of a state correctional institution, saying he sold his own prescription medication and needs to be home to take care of his children.

"He's not in the business," Ellwood said.

Assistant District Attorney Robert M. Reedy had argued for state prison time for Fort, saying he had a prior record and could get the proper amounts of his medications behind bars.

On Friday, Domalakes accepted a guilty plea from Craig T. Taylor, 23, of Philadelphia, to charges of false identification to law enforcement authorities, possession of drug paraphernalia, possession of a controlled substance and misbranding of a controlled substance.

Domalakes promptly sentenced Taylor to time served to 12 months in prison with immediate parole and payment of costs, a $50 CJEA payment and a $50 bench warrant fee.

Shenandoah police had charged Taylor with committing those crimes on July 1, 2011, in the borough.

In other recent county court action, Judge Charles M. Miller accepted guilty pleas from, and, pursuant to agreements between prosecutors and defendants, imposed the indicated sentences on, these defendants:

Ryan M. Schultz, 24, of Pottsville; defiant trespass, simple assault and public drunkenness; nine days to 11 months in prison with immediate parole, 12 months consecutive probation, $100 fine and $100 in CJEA payments. Prosecutors dropped charges of disorderly conduct and harassment.

Christopher J. Smith, 39, of Ashland; theft; 12 months probation, $50 CJEA payment and $3.03 restitution. Prosecutors dropped charges of receiving stolen property and harassment.

Jeffrey Snyder, 44, of Saint Clair; no contest plea to theft of services; 18 months probation, $50 CJEA payment, $50 bench warrant fee and $550 restitution. Prosecutors dropped a charge of receiving stolen property.

Charles E. Wishnefsky, 21, of Shenandoah; possession with intent to deliver a controlled substance, risking a catastrophe, possession of prohibited offensive weapon, possession of a controlled substance and possession of drug paraphernalia; 80 days to 23 months in prison with immediate parole, $100 SAEF payment, $50 CJEA payment, $176 restitution to the state police crime laboratory in Bethlehem and submission of a DNA sample to law enforcement authorities.

Dennis R. Yeater Jr., 25, of Slatington; possession of a small amount of marijuana and possession of drug paraphernalia; 12 months probation, $100 SAEF payment and $50 CJEA payment.

A Luzerne County man is headed to state prison after admitting Wednesday in Schuylkill County Court that he possessed a stolen firearm in July in McAdoo.

Gerard P. Graham, 22, of Hazleton, will spend one to two years in a state correctional institution under the terms of Judge Charles M. Miller's sentence.

Miller also sentenced Graham, who pleaded guilty to receiving stolen property, carrying a firearm without a license and escape, to pay costs and $50 to the Criminal Justice Enhancement Account and submit a DNA sample to law enforcement authorities.

Prosecutors withdrew charges of possession with intent to deliver a controlled substance, possession of drug paraphernalia and disorderly conduct.

McAdoo police charged Graham with possessing a stolen Cobra 380 handgun on July 2 in the borough. Prosecutors said the gun had been stolen from a Freeland man.

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


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