A Pottsville man is headed to state prison after admitting Wednesday in Schuylkill County Court that he was drunk when he crashed his motorcycle last April in the city, injuring himself and his passenger.
James J. Ney, 51, pleaded guilty to aggravated assault by vehicle while driving under the influence, DUI, driving under suspension-DUI related, operating vehicle without valid inspection and driving unregistered vehicle.
Pursuant to the plea agreement between them and Ney, prosecutors withdrew charges of accident involving death or injury, recklessly endangering another person, operating vehicle without required financial responsibility and failure to drive at a safe speed.
President Judge William E. Baldwin accepted the plea and sentenced Ney to serve two to five years in a state correctional institution and pay costs, $2,600 in fines, $300 to the Substance Abuse Education Fund and $371.85 restitution, perform 50 hours community service and submit a DNA sample to law enforcement authorities. He made the sentence effective at 9 a.m. March 5.
Pottsville police alleged Ney was DUI about 5:10 p.m. April 15, 2012, when he lost control of his motorcycle, a 1986 Harley-Davidson, on North Progress Avenue and failed to make a right-hand curve.
Ney's motorcycle struck a sidewalk and an aluminum fence surrounding Barefield Playground, police said. Ney and his passenger, Leann Baddick, Pottsville, were thrown from the motorcycle, according to police.
Ney and Baddick were treated at the scene by Pottsville-Schuylkill Haven Area EMS and then flown to Lehigh Valley Hospital-Cedar Crest for treatment of their injuries, police said.
Baldwin on Wednesday also accepted guilty pleas from, and, pursuant to plea agreements, imposed the indicated sentences on, these defendants:
Nikki A. Dohner, 35, of Schuylkill Haven; DUI; 30 days in prison, 90 days house arrest with electronic monitoring, 30 days alcohol monitoring, seven months strict supervision, four years probation, $1,500 fine, $300 SAEF payment, $60 restitution to Schuylkill Medical Center-South Jackson Street and 20 hours community service. Prosecutors withdrew charges of depositing waste on highway and careless driving.
Jacqueline A. Eckert, 54, of Pine Grove; DUI; 72 hours to six months in prison, $1,000 fine, $100 SAEF payment, $460 restitution and 10 hours community service.
Alex J. Fogarty, 23, of Lost Creek; delivery of a controlled substance, possession with intent to deliver a controlled substance, possession of a controlled substance and possession of drug paraphernalia; 13 to 26 months in a state correctional institution, $100 SAEF payment, $113 restitution to the state police crime laboratory in Bethlehem and submission of a DNA sample to law enforcement authorities. West Mahanoy Township police charged Fogarty with selling heroin on Oct. 4, 2011, in the township.
Richard Frain, 45, of Minersville; disorderly conduct; $100 fine. Prosecutors withdrew charges of simple assault and harassment.
John W. Goetz Jr., Pottsville; public welfare fraud; 23 months probation, $50 CJEA payment, $1,362 restitution and 25 hours community service.
Claudette J. Hepner, 51, of Saint Clair; DUI and stop sign violation; sentencing deferred pending preparation of a presentence investigation.
Dustin L. Kessenger, 30, of Pottsville; DUI, driving without a license and driving the wrong way; 90 days to five years in prison, $1,725 in fines, $100 SAEF payment, 40 hours community service and mental health evaluation, with sentence effective at 9 a.m. Monday. Prosecutors withdrew charges of vehicle registration suspended and violation of restrictions on alcoholic beverages.
A Luzerne County man is headed to prison after admitting Wednesday in Schuylkill County Court that he possessed brass knuckles.
Randy J. Luciano, 23, of Hazle Township, pleaded guilty to prohibited possession of an offensive weapon, with prosecutors withdrawing charges of delivery of a controlled substance, possession with intent to deliver a controlled substance, possession of a controlled substance and conspiracy.
Pursuant to a plea agreement between prosecutors and the defendant, Baldwin sentenced Luciano to serve three to 23 months in prison.
McAdoo police charged Luciano with possessing brass knuckles on Aug. 24, 2012, in the borough.
Other defendants whose guilty pleas Baldwin accepted on Wednesday, the crimes they admitted committing and the sentences the judge imposed pursuant to plea agreements included:
Drarwin G. Knight Jr., 21, of Pottsville; two counts of possession of a controlled substance and one of conspiracy; 23 months probation, $100 payment to the Substance Abuse Education Fund, 20 hours community service and submission of a DNA sample to law enforcement authorities.
Randy C. Knorr, 42, of Pottsville; driving under the influence; 72 hours to six months in prison, $1,000 fine, $300 SAEF payment, $50 payment to the Criminal Justice Enhancement Account, $60 restitution to Schuylkill Medical Center-South Jackson Street and 10 hours community service. Prosecutors withdrew a charge of disregarding traffic lane.
Jennifer T. Kramer, 35, of Pottsville; improper furnishing of drug-free urine; 12 months probation consecutive to current sentence and 20 hours community service.
Amber M. Marek-Jolley, 24, of Pottsville; two counts of possession with intent to deliver a controlled substance; one to 23 months in prison with immediate parole, $100 SAEF payment, $113 restitution to the state police crime laboratory in Bethlehem, $85 restitution to Minersville police, 20 hours community service and submission of a DNA sample to law enforcement authorities. Prosecutors withdrew two counts of possession of a controlled substance.
Sandra L. Miller, 47, of Orwigsburg; adulterated or misbranded controlled substance and possession of a controlled substance; one to two years in a state correctional institution, $100 SAEF payment, $50 CJEA payment and $113 restitution to the state police crime laboratory in Bethlehem.
Jeffrey Najunas, 18, of Shenandoah; conspiracy, delivery of a controlled substance, possession with intent to deliver a controlled substance and possession of a controlled substance; three to 23 months in prison, $100 SAEF payment, $176 restitution to the state police crime laboratory in Bethlehem and submission of a DNA sample to law enforcement authorities.
Christina M. Norwich, 48, of Pottsville; DUI and driving under suspension; one to five years in prison, $3,000 in fines, $300 SAEF payment, $60 restitution to Schuylkill Medical Center-South Jackson Street and 30 hours community service. Prosecutors withdrew charges of operating vehicle without required financial responsibility, driving with obstructed view and stop sign violation.
John J. Pete III, 22, of West Hazleton; indecent exposure; time served to 23 months in prison and $50 CJEA payment. Prosecutors withdrew three additional counts of indecent exposure.
Martin Svrcek, 43, of Pottsville; DUI and careless driving; sentencing deferred pending restitution hearing.
John L. Zimmerman, 34, of Cressona; DUI; 10 days in prison, 40 days house arrest with electronic monitoring, 40 days strict supervision, three months probation, $750 fine, $100 SAEF payment and 20 hours community service. Prosecutors withdrew a charge of stop sign violation.
All defendants who were sentenced must pay costs as a part of their sentences.