POTTSVILLE — In recent Schuylkill County Court action, a Shenandoah man is headed to state prison and additional probation after admitting he indecently assaulted a child in June 2016 in his hometown.
Michael Sell, 39, pleaded guilty to endangering the welfare of children and indecent assault.
Judge Cyrus Palmer Dolbin accepted Sell’s plea and, pursuant to an agreement between prosecutors and the defendant, sentenced him to serve 12 to 30 months in a state correctional institution, plus an additional 24 months on probation.
Dolbin also ordered Sell to pay costs and $50 to the Criminal Justice Enhancement Account, have no contact of any kind with the victim and undergo an evaluation by the state Sexual Offenders Assessment Board to determine whether he is a sexually violent predator. That determination will affect the duration and nature of the Megan’s Law sanctions that will be imposed on him.
Prosecutors withdrew three additional counts of indecent assault, two counts each of unlawful contact with a minor and corruption of minors and one additional count of endangering the welfare of children.
Shenandoah police charged Sell with indecently assaulting and endangering the victim on June 7, 2016.
Also in the county court, Alnaldo Perez-Rodriguez, 31, of Lehighton, pleaded guilty to conspiracy, carrying a firearm without a license, corruption of minors, unlawful restraint and simple assault.
Dolbin accepted the plea and, under the terms of an agreement between prosecutors and the defendant, sentenced him to serve 21 to 72 months in a state correctional institution, pay costs and a $50 CJEA payment, and submit a DNA sample to law enforcement authorities.
Shenandoah police charged Perez-Rodriguez with committing his crimes on Dec. 19, 2016, in the borough.
In more criminal court activity, a Pine Grove man will spend time behind bars after admitting Wednesday to a Schuylkill County judge that he pointed a gun at a man in November 2016.
Steven L. Dorman, 48, pleaded guilty to terroristic threats, simple assault and recklessly endangering another person, with prosecutors dropping a charge of harassment.
Judge Jacqueline L. Russell accepted the plea and, pursuant to an agreement between prosecutors and Dorman, sentenced him to serve nine to 18 months in prison, pay costs and $50 to the CJEA, perform 60 hours community service and have no contact with his victim. Russell made the sentence effective at 4 p.m. Friday.
Dorman had asked for house arrest with electronic monitoring instead of imprisonment, but prosecutors opposed that request and Russell denied it.
State police at Schuylkill Haven had charged Dorman with pointing a gun at the man who had come to repossess his vehicle on Nov. 30, 2016, in Washington Township.
Russell on Wednesday also accepted guilty pleas from, and, also pursuant to agreements between prosecutors and defendants, imposed the indicated sentences on, these people:
Kayla M. Bosche, 28, of Pottsville; theft, access device fraud, unauthorized use of a motor vehicle and stripping abandoned vehicle; time served to 12 months in prison with immediate parole, $50 CJEA payment, $1,898.49 restitution, 80 hours community service and submission of a DNA sample to law enforcement authorities. Prosecutors withdrew charges of conspiracy and fraudulent use or removal of plate.
Taylor A. Bowers, 24, of Pottsville; possession of drug paraphernalia; 12 months probation, $100 payment to the Substance Abuse Education Fund, $50 CJEA payment and 20 hours community service. Prosecutors withdrew a charge of obstructing administration of law.
Abagail R. Cooney, 22, of Lost Creek; public drunkenness; $25 fine. Prosecutors withdrew a charge of possession of drug paraphernalia.
Trisha M. Fetterhoff, 28, of New Ringgold; two counts of possession of a controlled substance; 24 months probation, $200 in SAEF payments, $100 in CJEA payments, $226 restitution to the state police crime laboratory in Bethlehem and 40 hours community service. Prosecutors withdrew two counts each of delivery of a controlled substance and possession with intent to deliver a controlled substance and one count of conspiracy.
Tyler J. Frantz, 26, of Lansford; driving under the influence, disorderly conduct, disregarding traffic lane and failure to keep right; 72 hours to six months in prison, $100 SAEF payment, $1,150 in fines and 20 hours community service, with sentence effective at 6 p.m. Friday. Prosecutors withdrew a second count of disorderly conduct and a charge of careless driving.
Jeffrey A. Hoppes, 37, of Orwigsburg; possession of a controlled substance; 12 months probation, $100 SAEF payment, $50 CJEA payment, $113 restitution to the state police crime laboratory in Bethlehem, drug and alcohol evaluation and 20 hours community service. Prosecutors withdrew a charge of possession with intent to deliver a controlled substance.
Dylan C. Horning, 20, of Pottsville; possession of a controlled substance; 12 months probation, $100 SAEF payment, $50 CJEA payment, $113 restitution to the state police crime laboratory in Bethlehem and 20 hours community service. Prosecutors withdrew charges of delivery of a controlled substance, possession with intent to deliver a controlled substance and criminal use of a communication facility.
William J. Huth Jr., 37, of Minersville; false identification to law enforcement; 12 months probation, $50 CJEA payment and 20 hours community service.
Also in criminal court, a Frackville man is headed to prison after a Schuylkill County judge sentenced him on Thursday for threatening his neighbor twice in one day in July 2016.
Heath M. Livergood, 27, did not react, although his girlfriend cried, when Judge James P. Goodman sentenced him to serve four to 18 months in prison and pay costs and a $300 fine. The judge made the sentence effective on Sept. 15.
“There are some mitigating circumstances,” but not enough to prevent imposition of a prison sentence, Goodman said.
Livergood pleaded guilty on July 12 to two counts each of terroristic threats and disorderly conduct, one in each case against him, with prosecutors withdrawing two counts each of simple assault and harassment, two additional counts of disorderly conduct and one additional count of terroristic threats.
Frackville borough police filed both sets of charges against Livergood, alleging in each that he threatened his neighbor on July 21, 2016. In the one case, police said, Livergood jumped over a fence to make the threat.
“I just lost my temper,” Livergood said. “I know I did not make the best choice.”
Chief Public Defender Michael J. Stine, Livergood’s lawyer, said his client should not go to prison, noting that his son had been bitten by his neighbor’s dog and that he had been placed in a difficult situation.
“He is a father. He’s not getting any satisfaction from the police,” Stine said.
However, Assistant District Attorney Kimm R. Montone said prison time was appropriate for Livergood, who already had a criminal record.
“He seems to want to blame the police, the dog and everyone else for his actions,” Montone said of Livergood.
Also on Thursday, Judge Jacqueline L. Russell revoked the parole of Michael P. Lutz, 27, of Philadelphia, and recommitted him to prison. Lutz admitted violating his parole by failing to report to his supervising officer, not making payments on his costs and fees and not performing his community service.
“Once he was released, he didn’t comply with anything,” Russell said.
Lutz must remain in prison until at least Oct. 3, and could remain behind bars until Jan. 24, 2018, Russell ordered.
Lutz originally pleaded guilty on June 29, 2016, to flight to avoid apprehension or trial, with prosecutors withdrawing a charge of public drunkenness. At that time, Russell sentenced him to spend three to 14 months in prison, pay costs and a $50 CJEA payment, perform 20 hours community service and submit a DNA sample to law enforcement authorities.
Shenandoah police charged Lutz with fleeing from them on Nov. 9, 2015, in the borough.
Also in the county court, Dolbin on Wednesday accepted guilty pleas from, and, pursuant to agreements between prosecutors and defendants, imposed the indicated sentences on, these people:
Justin E. Androsko, 21, of Minersville; possession of drug paraphernalia; 12 months probation, $100 payment to the SAEF and $50 payment to the CJEA. Prosecutors withdrew a charge of possession of a controlled substance.
Kelly L. Brinker, 38, of Allentown; driving under the influence and disregarding traffic lane; 10 days in prison, 40 days house arrest with electronic monitoring, 40 days strict supervision, three months probation, $775 in fines, $100 SAEF payment and 20 hours community service, with sentence effective at 10 a.m. Sept. 18. Prosecutors withdrew charges of resisting arrest, accident involving damage to unattended vehicle or property, careless driving and reckless driving.
Torina J. Brown, 38, of Harrisburg; retail theft; 12 months probation, $50 CJEA payment, $335.45 bench warrant fee, $180.19 restitution and submission of a DNA sample to law enforcement authorities. Prosecutors withdrew a charge of theft by deception.
Teresa A. Caruso, 57, of Pottsville; simple assault; 12 months probation, $50 CJEA payment and $788 restitution.
Candice L. Colna, 27, of Schuylkill Haven; possession of drug paraphernalia; 12 months probation, $100 SAEF payment, $50 CJEA payment and drug and alcohol evaluation.
Lee R. Fidler, 48, of Schuylkill Haven; resisting arrest; six to 12 months in prison and $50 CJEA payment, with sentence effective at 6 p.m. Sept. 13. Prosecutors withdrew a charge of simple assault.
All defendants who were sentenced must pay costs as a part of their sentences.
Contact the writer: pbortner@republicanherald.com; 570-628-6014