by peter e. bortner
Just before he was to have gone on trial Tuesday in Schuylkill County Court, a Carbon County man admitted he conspired to, and then did, steal more than $800 worth of merchandise from the Wal-Mart Supercenter in Saint Clair last August.
With the jury seated in another room and waiting to hear his case, Lewis F. Mellor Jr., 31, of Weatherly, pleaded guilty to retail theft and conspiracy.
"I took the plea to keep my fiancee out of jail," said Mellor, who did admit committing the crimes.
Judge Jacqueline L. Russell, who was to have presided over Mellor's trial, instead accepted his plea and sentenced him to serve one to two years in a state correctional institution, followed by three years on probation, pay costs and $50 to the Criminal Justice Enhancement Account, undergo a drug and alcohol evaluation, have no contact with Wal-Mart in Saint Clair, perform 60 hours community service and submit a DNA sample to law enforcement authorities.
"You have a long record. You've essentially been a thief for a long time," Russell told Mellor.
Mellor added to that record with the Wal-Mart theft.
Saint Clair police alleged that Mellor and his fiancee, Tiffany Potter, entered the Wal-Mart Supercenter at 500 Terry Rich Blvd. about 6:30 p.m. Aug. 23, 2013, took items valued at $817.09 and tried to leave the store without paying for them. One of the items they tried to take was a television, police said.
"They recovered all the property," so Mellor owes no restitution, Assistant District Attorney John Fegley said.
Fegley had recommended the state prison sentence, and the victim concurred.
"We are agreeing with the assistant district attorney," John Bossler, who works for Wal-Mart's loss prevention unit, told Russell.
Assistant Public Defender Paul G. Domalakes, Mellor's lawyer, said he and his client also concurred with the recommended sentence.
Mellor said he and his fiancee tried to steal the items in order to feed Potter's drug habit.
"I'm in drug treatment myself," although he does not have a drug problem, Mellor said.
After accepting Mellor's plea and sentencing him, Russell called in the jury, explained what had occurred and said their time was not wasted in spite of the result.
"Had you not been here ready to listen to the trial, Mr. Mellor would not have pleaded guilty," Russell said.Defendant: Lewis F. Mellor Jr.
Age: 31
Residence: Weatherly
Crimes committed: Retail theft and conspiracy.
Prison sentence: One to two years in a state correctional institution, plus three years on probation