Two Pottsville residents must pay costs and a fine after being convicted Monday in Schuylkill County Court of causing a disturbance last November in a city neighborhood.
Quisqueya Gross, 52, and Vincent J. Palerino Sr., 53, each must pay costs and a $100 fine after Judge James P. Goodman found each of them guilty of disorderly conduct.
Goodman, who heard the case without a jury, ruled the testimony of Jennifer Thompson and Pottsville police Officer Joseph R. Welsh credible in determining that Gross and Palerino made excessive noise that could be heard in the neighborhood about 11:45 p.m. Nov. 1 at 513 Main St.
"He admitted that he was engaged in ... an argument with his girlfriend," Welsh said of what Palerino told him when police arrived at the house.
Thompson testified that after her daughter had awakened her, she heard Gross and Palerino arguing. The noise was loud and her daughter was scared, Thompson said.
While Palerino did not testify, Gross did, saying she was asleep and did not cause any disturbance.
Magisterial District Judge James K. Reiley had found Gross and Palerino guilty on Jan. 10, but each defendant appealed that decision on Jan. 24.
Also on Monday, a Shenandoah man will spend time on house arrest after admitting he drove twice on the same day with a license that had been suspended for an alcohol-related reason.
Johnny J. Baker, 33, must be on house arrest with electronic monitoring for 120 days, plus pay costs and $1,000 in fines under the terms of Goodman's sentence.
State police at Frackville had alleged he drove with the suspended license on Oct. 25, 2012, while Shenandoah police also alleged he had driven with a suspended license on the same day. Magisterial District Judge Anthony J. Kilker, Shenandoah, had found him guilty of the charges on Jan. 3 and Jan. 10, but Baker appealed both rulings on Jan. 22.
In another Monday case, Goodman found Aliyyah Burgess, 18, of Schuylkill Haven, not guilty of harassment after Assistant District Attorney Douglas J. Taglieri said the alleged victim had not appeared for the hearing and he could not proceed with the case.
Penn State University police had charged Burgess with committing harassment on Nov. 4, 2012. Magisterial District Judge James R. Ferrier, Orwigsburg, had found Burgess guilty on Dec. 13, but she appealed that ruling on Jan. 10.
Also on Monday, Goodman found Jose Tejeda, 22, of Shenandoah, not guilty of harassment after Taglieri said he could not proceed because neither the alleged victim nor the prosecuting officer had appeared for the hearing.
Ashland police had charged Tejeda with harassing someone on June 26, 2012, in the borough. Magisterial District Judge Christina E. Hale, Frackville, had found Tejeda guilty on Jan. 24, but the defendant appealed her decision on Jan. 29.
In another Monday case, Miller revoked the parole of Peter N. Clive, 40, of Reading, and returned him to prison until May 12.
Miller ruled that prosecutors had shown that it was more likely than not that Clive had committed another crime in what Saint Clair police alleged was his resisting arrest on Dec. 24, 2012.
Clive originally pleaded guilty on Dec. 12, 2012, to driving under the influence and driving without a license. Miller accepted his plea and sentenced him to serve 72 hours to six months in prison with immediate parole and pay costs, $1,200 in fines, $300 to the Substance Abuse Education Fund and $50 to the Criminal Justice Enhancement Account.
Pottsville police had alleged Clive was DUI on Nov. 14, 2010, in the city.
Senior Judge D. Michael Stine had admitted Clive into the Accelerated Rehabilitative Disposition program on July 21, 2011, but removed him from it on March 19, 2012, for violating its terms.
In other county court action, a Tremont man will not have to serve time in prison after pleading guilty to, and being sentenced on, driving under the influence and related charges Tuesday in Schuylkill County Court.
Instead, Robert D. Klouser Jr., 40, will spend 15 days on house arrest with electronic monitoring, and an additional 5 1/2 months on probation, under the terms Goodman's sentence.
Goodman also sentenced Klouser to pay costs, $1,050 in fines, $300 to the Substance Abuse Education Fund and $460 restitution to Schuylkill Medical Center-South Jackson Street.
Klouser pleaded guilty to DUI, disregarding traffic lane and failure to notify police of accident. Prosecutors withdrew a charge of careless driving.
State police at Schuylkill Haven charged Klouser with DUI on June 2, 2012, in Tremont. Police said Klouser was under the influence of both alcohol and drugs when he was stopped.
Also on Tuesday, Baldwin sentenced Kevin P. Elenchin, 20, of Pine Grove, to serve 72 hours to six months in prison with immediate parole on a DUI charge.
Baldwin also sentenced Elenchin to pay costs, a $1,000 fine and $380 restitution to Schuylkill Medical Center-South Jackson Street.
Elenchin had pleaded guilty on March 20 to DUI.
State police at Schuylkill Haven charged Elenchin with DUI on April 23, 2011, in Washington Township.
Elenchin originally had entered the Accelerated Rehabilitative Disposition program on Jan. 26, 2012, instead of pleading guilty to the charge. However, Senior Judge D. Michael Stine, who had admitted Elenchin into the ARD program, removed him from it on Sept. 28. 2012, after ruling that the defendant had violated the terms of participating in it.
In other recent county court action, Baldwin accepted guilty pleas from, and, pursuant to agreements between prosecutors and defendants, imposed the indicated sentences on, these people:
Heather Arias-Maravilla, 36, of Pottsville; access device fraud, theft and receiving stolen property; 23 months probation, $501 restitution, 25 hours community service and submission of a DNA sample to law enforcement authorities. Prosecutors dropped a second count of theft.
Mark J. Barton, 48, of Cressona; improper firearm transfer; 23 months probation.
Brandon M. Bertasavage, 18, of Llewellyn; 23 months probation, $100 payment to the Substance Abuse Education Fund, $60 restitution and 20 hours community service.
Steven J. Brilla, 19, of Pottsville; driving under the influence; 10 days house arrest, 50 days strict supervision, four months probation, $500 fine, $100 SAEF payment, $60 restitution to Schuylkill Medical Center-South Jackson Street and 10 hours community service. Prosecutors dropped a charge of purchase, consumption, possession or transportation of an alcoholic beverage.
Jacqueline E. Derr, 24, of Mount Carmel; retail theft; 12 months probation, $59.98 restitution and 20 hours community service.
Sherlyn J. Durham, 49, of Tower City; DUI, passing when prohibited, disregarding traffic lane and failure to drive at a safe speed; 15 days house arrest, 45 days strict supervision, four months probation, $1,075 in fines, $100 SAEF payment and 10 hours community service. Prosecutors dropped charges of disorderly conduct, public drunkenness, improper turning movements and careless driving.
Wallace W. Eberly Jr., 35, of Tower City; 23 months probation, $3,339 restitution and submission of a DNA sample to law enforcement authorities.
Chad M. Evans, 35, of Landingville; possession of a small amount of marijuana and possession of drug paraphernalia; 12 months probation, $100 SAEF payment, $50 CJEA payment, $365 restitution to the state police crime laboratory in Bethlehem and 10 hours community service.
Gregory Grove, 50, of Mahanoy Plane; no contest plea to harassment; 12 months probation and $50 CJEA payment.
Jeremy J. Guida, 19, of Pottsville; theft; 12 months probation and $15 restitution.
Lindsey M. Hoffecker, 23, of Pine Grove; four counts of possession of a controlled substance and two of manufacture of a controlled substance; 23 months probation, $100 SAEF payment and $365 restitution. Prosecutors dropped four counts of adulterated or misbranded controlled substance and two additional ones of manufacture of a controlled substance.
Anelle Homovich, 33, of Saint Clair; DUI and stop sign violation; sentencing deferred pending preparation of a presentence investigation.
Kimberly Hons, 32, of Mahanoy City; DUI, driving the wrong way and accident involving damage to unattended vehicle or property; 72 hours to six months in prison, $1,325 in fines, $100 SAEF payment, $460 restitution and 20 hours community service. Prosecutors withdrew a charge of careless driving.
Kevin A. Kegolis, 27, of Shenandoah; two charges of DUI and one each of driving under suspension and violation of restrictions on alcoholic beverages; 93 days to 5 1/2 years in prison, $2,725 in fines, $600 in SAEF payments and $120 restitution to Schuylkill Medical Center-South Jackson Street.
Jason T. Kerstetter, 23, of Lavelle; simple assault and disorderly conduct; 12 months probation and $50 payment to the Criminal Justice Enhancement Account. Prosecutors withdrew charges of criminal mischief and harassment.
Charles J. Koncsler, 30, of Shenandoah; theft; 12 months probation, $50 CJEA payment, $8 restitution and 10 hours community service. Prosecutors withdrew a charge of receiving stolen property.
Matthew Koncsler, 20, of Shenandoah; delivery of a controlled substance and possession of drug paraphernalia; three to 18 months in prison, $100 SAEF payment, $113 restitution to the state police crime laboratory in Bethlehem and submission of a DNA sample to law enforcement authorities. Prosecutors withdrew a charge of possession with intent to deliver a controlled substance.
Jeanine M. Longenberger, 41, of Mahanoy City; disorderly conduct; two to 112 months in prison with immediate parole and 10 hours community service. Prosecutors withdrew charges of possession of drug paraphernalia and public drunkenness.
Ashlie N. Mabry, 27, of Pottsville; DUI; 72 hours to six months in prison, $1,000 fine, $300 SAEF payment and 20 hours community service. Prosecutors withdrew a charge of failure to keep right.
Dex A. Mahute, 22, of Pottsville; two counts of receiving stolen property; 23 months probation, $50 CJEA payment and $2,413 restitution. Prosecutors dropped a charge of conspiracy.
Leroy J. Manhart Jr., 43, of Ashland; criminal trespass; $25 fine. Prosecutors withdrew a charge of loitering and prowling at nighttime.
Sabrina R. McClain, 44, of Tower City; 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 dropped a charge of careless driving.
Gerald M. Waller, 19, of Girardville; possession of a small amount of marijuana; 30 days probation, $100 SAEF payment, $50 CJEA payment and $113 restitution to the state police crime laboratory in Bethlehem. Prosecutors withdrew a charge of purchase, consumption, possession or transportation of an alcoholic beverage.
Lonnie J. Wetzel, 32, of Ringtown; two counts of agricultural vandalism; 23 months probation $50 CJEA payment and 20 hours community service. Prosecutors withdrew a charge of criminal trespass.
All defendants who were sentenced must pay costs as a part of their sentences.