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Criminal Court, May 11, 2014

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A Frackville man will spend more time in prison after a Schuylkill County judge on Monday revoked his probation and parole.

Joseph A. Arrigo, 20, must remain in prison until at least July 1, and could remain there until Nov. 9, under the terms of Judge Jacqueline L. Russell's order.

Russell revoked Arrigo's probation and parole after the defendant admitted violating it by failing to report to his supervising officer, failing a drug test, using bath salts, marijuana and Percocet, not undergoing a drug and alcohol evaluation and drinking alcohol.

"I got out of jail last year and I just started getting high," Arrigo said in explaining his violations.

One of those incidents ended in him passing out and being taken to the hospital, according to Arrigo.

"I think I just drank too much alcohol," he said.

Arrigo pleaded guilty on Nov. 13, 2013, to theft, default in required appearance and possession of drug paraphernalia, with prosecutors withdrawing two counts of forgery and one of receiving stolen property. At that time, Russell sentenced him to serve 141 days to 12 months in prison and 24 additional months on probation, pay costs, $100 to the Substance Abuse Education Fund and $150 to the Criminal Justice Enhancement Account, perform 60 hours community service, undergo a drug and alcohol evaluation and submit a DNA sample to law enforcement authorities.

Frackville borough police filed all three charges against Arrigo, alleging he committed the theft on April 3, 2013, did not make a required court appearance on June 13, 2013, and possessed drug paraphernalia on June 26, 2013. All three incidents occurred in Frackville, police said.

Also on Monday, Russell revoked the probation of Matthew D. Marchalk, 29, of Coaldale.

Russell ordered Marchalk to serve another six months on probation instead of sending him to prison.

Marchalk originally pleaded guilty on Oct. 1, 2013, to driving under the influence, with prosecutors withdrawing charges of reckless driving and improper tires. At that time, Russell placed Marchalk on probation for six months, and also sentenced him to pay costs, a $300 fine, a $50 CJEA payment and $60 restitution to Schuylkill Medical Center-South Jackson Street, amounts the defendant still must pay under the terms of Monday's sentence, and perform 75 hours community service.

"It was an essential term of his sentence," Russell said in referring to the community service, which on Monday she ruled Marchalk still must perform.

Frackville borough police alleged Marchalk was DUI on April 26, 2011, in the borough.

Also in Schuylkill County Court, a Berks County man will spend time in prison after being resentenced Monday on a charge of driving under the influence.

Jean J. Timothee, 25, of West Reading, must spend at least 30 days in prison as part of his six months in the intermediate punishment program, Judge John E. Domalakes ruled.

However, Timothee cannot leave prison until officials examine the place where he plans to live to certify that it complies with the conditions of the program, Domalakes ordered.

Timothee pleaded guilty on April 23 to DUI, with prosecutors withdrawing charges of accident involving damage to attended vehicle or property, driving under suspension-DUI related, accident involving damage to unattended vehicle or property and reckless driving.

At that time, Domalakes sentenced Timothee to spend six months in the intermediate punishment program for six months, including 30 days in prison, 90 days house arrest with electronic monitoring, 30 days alcohol monitoring and 30 days probation, and pay costs, a $1,500 fine and $100 to the SAEF. Those terms remain in effect under the terms of Tuesday's order.

Schuylkill Haven borough police had charged Timothee was DUI on July 5, 2013, in the borough.

In other recent county court action, Domalakes accepted guilty pleas from, and, pursuant to agreements between prosecutors and defendants, imposed the indicated sentences on, these people:

Mark A. Burns, 51, of Allison Park; DUI; six months probation, $300 fine, $300 SAEF payment and $60 restitution to Schuylkill Medical Center-South Jackson Street. Prosecutors withdrew a charge of driving the wrong way.

Sophia M. Covach, 24, of Shenandoah; retail theft; 12 months probation, $50 CJEA payment and $191.85 restitution. Prosecutors withdrew a charge of receiving stolen property.

Lisa Flowers, 40, of Pottsville; false alarm, terroristic threats, resisting arrest and criminal mischief; 51 days to 23 months in prison and $50 CJEA payment. Prosecutors withdrew charges of disorderly conduct and harassment.

Joseph J. Forster, 36, of Tamaqua; DUI; 72 hours to six months in prison, $1,000 fine, $100 SAEF payment and $60 restitution to Schuylkill Medical Center-South Jackson Street. Prosecutors withdrew a charge of possession of drug paraphernalia.

Karrianne P. Hoffman, 28, of Pottsville; retail theft and theft by deception; five years probation, $50 CJEA payment, $95 restitution and submission of a DNA sample to law enforcement authorities. Prosecutors withdrew charges of conspiracy and receiving stolen property.

Lisa M. Kelly, 45, of Pottsville; DUI and receiving stolen property; 72 hours to six months in prison, 12 months probation, $1,000 fine, $100 SAEF payment, $50 payment to the CJEA and $60 restitution to Schuylkill Medical Center-South Jackson Street. Prosecutors withdrew charges of possession of a controlled substance, no rear lights and retail theft.

Tiara N. Kelly, 27, of Pottsville; fleeing or eluding police, failure to stop at red signal and improper turning movements; 23 months probation, $50 in fines and $50 CJEA payment. Prosecutors withdrew charges of retail theft, disorderly conduct and failure to carry license.

Jeremiah M. Klinger, 32, of Tremont; DUI and disregarding traffic lane; five years in the intermediate punishment program, $1,525 in fines, $300 SAEF payment and $60 restitution to Schuylkill Medical Center-South Jackson Street. Prosecutors withdrew a charge of careless driving.

Jeremy M. Lutz, 30, of Pottsville; improper furnishing of drug-free urine; 12 months probation.

Michael R. Mikulak, 49, of Ashland; possession of drug paraphernalia and possession of a small amount of marijuana; 12 months probation and $50 CJEA payment. Prosecutors withdrew a charge of public drunkenness.

Joseph R. Minnich, 41, of Mahanoy City; retail theft; 23 months probation, $50 CJEA payment, $50 bench warrant fee and submission of a DNA sample to law enforcement authorities.

Krystal M. Ogilvie, 31, of New Ringgold; retail theft; 12 months probation and $50 CJEA payment. Prosecutors withdrew a charge of receiving stolen property.

Christopher M. Pilcher, 37, of Hazleton; recklessly endangering another person; 18 months probation and $50 CJEA payment. Prosecutors withdrew charges of DUI and no rear lights.

All defendants who were sentenced must pay costs as a part of their sentences.


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