A Pottsville man faces prison time after being convicted Monday in Schuylkill County Court of three drug-related charges.
James L. Flowers Jr., 50, did not react when the jury of seven women and five men, after deliberating about one hour, pronounced him guilty of delivery of a controlled substance, possession with intent to deliver a controlled substance and possession of a controlled substance, and not guilty of criminal use of a communication facility.
Judge Cyrus Palmer Dolbin, who presided over Flowers’ one-day trial, allowed the defendant to remain free on $25,000 percentage bail, ordered preparation of a presentence investigation and scheduled sentencing for 2 p.m. Oct. 12.
Pottsville police charged Flowers with selling three bundles, or 30 packets, of heroin to a confidential informant during a controlled buy about 11 a.m. May 27, 2015, at a residence on South Second Street in the city.
“He was bringing heroin,” the informant said of Flowers. “I contacted him.”
An undercover police officer testified he set up surveillance equipment and took a video, which was played for the jury, of the heroin sale.
Also on Monday, another Schuylkill County jury found Anthony Powell, 46, of McAdoo, guilty of fleeing or eluding police. The jury of eight men and four women deliberated approximately 2 1/2 hours before reaching its verdict.
Judge Charles M. Miller, who presided over Powell’s one-day trial, found the defendant guilty of illegal turn, failure to keep right, improper turning movements and careless driving, and not guilty of reckless driving and a second count of improper turning movements. He allowed Powell to remain free on $500 percentage bail, ordered preparation of a presentence investigation and scheduled the defendant’s sentencing for 2:30 p.m. Sept. 29.
Rush Township police charged Powell with trying to elude capture in the early morning hours of Sept. 19, 2015, while driving north on Route 309 from the intersection with Route 54 in Hometown to the Interstate 81 interchange in Kline Township.
Township police Patrolman Bradley J. Hess testified he pursued Powell for approximately two miles with his lights and siren on before the defendant stopped after making a U-turn. Hess also said Powell did not stop until after he got in front of him.
Powell testified he did not notice the lights and siren until the top of the hill near the I-81 interchange and pulled over at the first place he considered safe. He said he made the U-turn because he thought Hess was trying to run him off the road.
In court on Wednesday, improper testimony caused a trial to end in Schuylkill County Court almost as soon as it began for another case involving Pottsville resident Flowers.
Flowers had been charged with delivery of a controlled substance, possession with intent to deliver a controlled substance, criminal use of a communication facility and possession of a controlled substance.
However, the confidential informant who was the prosecution’s second first witness referred to having used a phrase having a particular meaning in previous communications with Flowers.
President Judge William E. Baldwin ruled the statement could be prejudicial to Flowers, declared a mistrial and dismissed the jury.
Deputy Assistant District Attorney Robert I. Lipkin said he would “absolutely” seek to try Flowers again.
Pottsville police charged Flowers with selling 20 packets of heroin to the confidential informant on June 5, 2015, in the city.
In other recent Schuylkill County Court action, Miller accepted guilty pleas from, and, pursuant to agreements between prosecutors and defendants, imposed the indicated sentences on, these people:
Gary Cieniawa, 27, of McAdoo; possession of drug paraphernalia; 12 months probation, $100 payment to the Substance Abuse Education Fund and $50 payment to the Criminal Justice Enhancement Account.
Naomi Ellison, 34, of Quakertown; no contest plea to recklessly endangering another person; 23 months probation, $50 CJEA payment and $311.25 bench warrant fee. Prosecutors withdrew a charge of endangering the welfare of children.
Jonathan Evanco, 22, of McAdoo; retail theft; 12 months probation and $50 CJEA payment.
Sarah Hill, 27, of Tamaqua; possession of drug paraphernalia; 12 months probation consecutive to current sentence, $100 SAEF payment, $50 CJEA payment and $365 restitution to the state police crime laboratory in Bethlehem. Prosecutors withdrew two counts of possession of a controlled substance.
Meghann E. Jones, 33, of Mountain Top; false identification to law enforcement; 12 months probation, $50 CJEA payment and $50 bench warrant fee.
Brett M. Kline, 22, of Mahanoy City; two counts of retail theft and one each of tampering with evidence, possession of a controlled substance and possession of drug paraphernalia; three to 24 months in a state correctional institution, $100 SAEF payment, $150 in CJEA payments, $1,416.59 restitution and submission of a DNA sample to law enforcement authorities. Prosecutors withdrew two counts of receiving stolen property.
Michael A. Leiby, 30, of Tamaqua; possession of drug paraphernalia; 64 days to 12 months in prison with immediate parole, $100 SAEF payment, $50 CJEA payment and $50 bench warrant fee.
Shane J. Savitsky, 22, of Fogelsville; possession with intent to deliver a controlled substance and carrying a firearm without a license; 24 months probation, $100 SAEF payment, $50 CJEA payment, $113 restitution to the state police crime laboratory in Bethlehem and submission of a DNA sample to law enforcement authorities. Prosecutors withdrew charges of possession of a controlled substance and possession of drug paraphernalia.
John J. Schlauch, 31, of Tamaqua; access device fraud and receiving stolen property; one to two years in a state correctional institution, $50 CJEA payment, $50 bench warrant fee, $110.74 restitution and submission of a DNA sample to law enforcement authorities. Prosecutors withdrew two additional counts each of access device fraud and receiving stolen property and a charge of conspiracy.
Chantel Shope, 24, of Branchdale; possession of drug paraphernalia; 12 months probation, $100 SAEF payment, $50 CJEA payment and $187.31 bench warrant fee. Prosecutors withdrew charges of possession of a controlled substance and disorderly conduct.
Harry A. Thompson III, 45, of Pottsville; driving under the influence and disregarding traffic lanes; six months probation, $325 in fines, $100 SAEF payment, $50 CJEA payment, $60 restitution to Schuylkill Medical Center-South Jackson Street, 10 hours community service and submission of a DNA sample to law enforcement authorities. Prosecutors withdrew charges of failure to drive at a safe speed, careless driving and reckless driving.
Sean A. Scott, 39, of Tamaqua; 34 counts of forgery and one of simple assault; 24 months probation, $100 fine, $100 in CJEA payments, $11,584.76 restitution, no contact with the victim and submission of a DNA sample to law enforcement authorities. Prosecutors withdrew two counts each of theft by deception and receiving stolen property and one each of theft and harassment.
Justine Simon, 41, of Nesquehoning; accident involving damage to attended vehicle or property and failure to stop and give information; 12 months probation, $25 fine and $50 CJEA payment. Prosecutors withdrew a charge of careless driving.
Chelsea L. Walters, 23, of Tamaqua; two counts of retail theft and one of conspiracy; 18 months probation and $100 in CJEA payments. Prosecutors withdrew charges of receiving stolen property and false identification to law enforcement.
Timothy J. Welker Jr., 27, of Tamaqua; two counts of retail theft; 12 months probation, $50 CJEA payment and $114.98 restitution. Prosecutors withdrew a charge of receiving stolen property.
All defendants who were sentenced must pay costs as a part of their sentences.