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Criminal Court, Jan. 12, 2014

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A Mahanoy City man sits behind bars after being sentenced Wednesday in Schuylkill County Court on a charge stemming from an October 2011 accident in Rush Township.

Joel M. Kerestus, 25, must serve six to 23 months in prison and undergo a drug and alcohol evaluation, Judge John E. Domalakes ruled.

"I have to agree with the commonwealth," Domalakes said in imposing the sentence prosecutors recommended.

Domalakes imposed that sentence after revoking Kerestus' probation.

Kerestus had admitted violating probation by failing to report to his supervising officer, having new charges against him and failing to pay on his costs and fines. Assistant District Attorney Jennifer N. Lehman said those violations justified a significant prison term.

"A six-month sentence would send a message that you have to follow the rules," Lehman said.

Assistant Public Defender Andrea L. Thompson, Kerestus' lawyer, unsuccessfully asked for a shorter minimum sentence.

Kerestus originally pleaded guilty on July 25, 2012, to driving under the influence, accident involving death or personal injury and driving under suspension, with prosecutors withdrawing charges of careless driving and failure to drive at a safe speed. At that time, Domalakes sentenced him to spend six months in the intermediate punishment program and 12 months consecutive probation, pay costs, $700 in fines, $100 to the Substance Abuse Education Fund, $50 to the Criminal Justice Enhancement Account and $60 restitution to Schuylkill Medical Center-South Jackson Street, amounts Kerestus remains obligated to pay.

Rush Township police had alleged Kerestus was DUI and caused the accident on Oct. 22, 2011, in the township.


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