Quantcast
Channel: News from republicanherald.com
Viewing all articles
Browse latest Browse all 30310

Criminal court, Aug. 29, 2013

$
0
0

Instead of going to trial, a Pottsville man admitted Monday in Schuylkill County Court that he possessed marijuana in March 2012 in the city.

Chad J. Phillip, 24, pleaded guilty to possession of a controlled substance, with prosecutors withdrawing charges of delivery of a controlled substance, possession with intent to deliver a controlled substance and criminal use of a communication facility.

Judge Jacqueline L. Russell, who had been scheduled to preside over Phillip's trial, instead accepted his plea and sentenced him to spend one to 12 months in prison, pay costs, $100 to the Substance Abuse Education Fund, $50 to the Criminal Justice Enhancement Account and $113 restitution to the state police crime laboratory in Bethlehem, and perform 20 hours community service. Russell made the sentence effective at 6 p.m. Sept. 13.

Pottsville police had charged Phillip with possessing the marijuana on March 27, 2012.

First Assistant District Attorney Thomas J. Campion Jr. said Phillip had 5.8 grams of marijuana, which has a street value of $30.

After sentencing Phillip, Russell brought the jurors back into the courtroom, told them what the defendant had done and said they had been useful even though there was no trial.

"Without your willingness to participate, we wouldn't get anything resolved," she said. "Don't leave here thinking you didn't provide a vital service."

Also on Monday, prosecutors withdrew charges against two defendants.

Dennis B. Hewes, 37, of Pottsville, had been charged by state police at Frackville with receiving stolen property. Police alleged he committed that crime on April 26, 2012.

Larissa J. Voeckler, 26, of Mount Carmel, had been charged by state police at Frackville with retail theft. Police alleged she committed that crime on May 2.

In each case, President Judge William E. Baldwin signed an order allowing prosecutors to drop the charge. In Hewes' case, he ordered the defendant to pay the costs, but in Voeckler's case, he ordered the county to pay the costs.

In other county court action, a Philadelphia woman might join her son behind state prison bars after a Schuylkill County jury convicted her Tuesday of smuggling marijuana to him.

Tameeka R. Hawkins, 41, sobbed outside the courtroom after the jury found her guilty of delivery of a controlled substance, possession of contraband and possession of a small amount of marijuana.

Judge Charles M. Miller, who presided over the one-day trial, ordered preparation of a presentence investigation and scheduled Hawkins' sentencing for 1:30 p.m. Oct. 8. He allowed the defendant to remain free until then on $20,000 percentage bail, meaning she has posted $2,000.

State police at Frackville charged Hawkins with smuggling marijuana inside five black balloons on June 24, 2012, at State Correctional Institution/Mahanoy.

"You saw the video. You saw the defendant," Campion said in his closing argument.

Campion emphasized that Hawkins passed her son a bag of chips while visiting him even though he already had one. The bag Hawkins passed to her son had the marijuana in it, according to Campion.

Hawkins admitted to police what she had done and should be convicted, Campion said.

"She had plenty of opportunities to turn back," Campion said. "Don't feel sorry for her. She did this."

Assistant Public Defender Kent D. Watkins, Hawkins' lawyer, unsuccessfully asked jurors in his closing argument to acquit his client.

"There's plenty of doubt here," he said. That doubt, according to Watkins, included the police not having taped Hawkins' alleged admission and a lack of photographs of the contents of the bag.

Also on Tuesday, another jury convicted Christopher L. Collins, 24, of Pottsville, of conspiracy, but acquitted him of possession with intent to deliver a controlled substance, possession of a controlled substance and possession of drug paraphernalia. The jury of eight women and four men deliberated about five hours before reaching its verdict.

Judge Cyrus Palmer Dolbin, who presided over Collins' two-day trial, ordered preparation of a presentence investigation and scheduled the defendant's sentencing for 2 p.m. Oct. 14. He allowed Collins to remain free until then on $25,000 unsecured bail.

Minersville police had charged Collins with possessing marijuana and paraphernalia, and conspiring to do so, on March 14 in the borough.

In another Tuesday case, a jury of seven men and five women deliberated only about 10 minutes before deciding Thomas J. Elliott, 47, of Schuylkill Haven, was not guilty of driving under the influence.

However, Russell, who presided over Elliott's one-day trial, found him guilty of improper left turn, and sentenced him to pay costs and a $25 fine. She acquitted Elliott of careless driving.

State police at Schuylkill Haven had alleged Elliott was DUI on April 17, 2012, on Route 183 at the south entrance to Cressona Mall in North Manheim Township.

Also on Tuesday, Jeffrey K. Reimard II, 35, of Mahanoy City, pleaded guilty to attempted theft and defiant trespass instead of taking his case to a jury.

Judge John E. Domalakes accepted Reimard's plea and sentenced him to serve six to 23 months in prison and pay costs, a $100 fine and $50 to the Criminal Justice Enhancement Account. Domalakes made the sentence effective at 9 a.m. Sept. 13.

State police at Frackville charged Reimard with entering the property of Schuylkill Energy Resources in Yatesville, Mahanoy Township, on Nov. 15, 2012, and trying to steal steel pipes.

After imposing the sentence on Reimard, Domalakes brought the jurors back into the courtroom to tell them what had occurred.

"I don't want you to think your services were not needed," Domalakes told the jurors. Having the jury ready to go helped spur Reimard into entering the plea, as is often the case, Domalakes said.


Viewing all articles
Browse latest Browse all 30310

Trending Articles



<script src="https://jsc.adskeeper.com/r/s/rssing.com.1596347.js" async> </script>