Another busy Return Day in Elk County Court on Monday
RIDGWAY - Still dealing with the massive backlog of cases that accumulated during the COVID-19 shutdowns, the 59th Judicial District of Pennsylvania, which covers both Elk and Cameron Counties held another Return Day on Monday in preparation for jury selection on Tuesday, July 12.
Bench warrants for defendants who failed to appear on Monday are as follows: Donald Craig Penfield Jr., 40, of Bradford did not appear for his two charges of invasion of privacy; and Destini Ann-Marie Damerst, 19, of Johnsonburg did not appear on her charges of possession of a controlled substance, and drug paraphernalia. Both individuals are advised to contact their nearest law enforcement agency immediately to avoid any additional charges.
Dillon Michael Robuck, 26, of Wilcox, has decided to go forward with his request for a jury trial in which he faces charges of possession of controlled substances, criminal use of a communication facility, drug paraphernalia, and possession with intent to distribute controlled substances.
Nichelle Marie Curley, 24, of Ridgway, pled guilty to flight to avoid prosecution and providing false identification to law enforcement during her probation revocation hearings for charges she originally was placed on probation for in 2018 and 2019. For the flight charge, Curley received 2-24 months incarceration in the Elk County Prison and 24 months on probation for providing false identification. She will also only be paroled into an in-patient treatment facility as part of her rehabilitation.
Renee Ann Caggiano 36, of Ridgway, will go to trial next week on her single count of harassment.
David Mancuso Jr., 42, of Ridgway, pled guilty to possession of methamphetamine and will be on probation for six months.
Michael B. Nappe, 73, of St. Marys pled guilty to one count of sexual abuse of children and will be required to register as a sex offender. He will also be facing the Sexual Offenders Assessment Board (SOAB) which will determine if he is a sexually violent predator. These assessments generally take place within 90 days and Nappe will be sentenced following the SOAB's recommendations. He was initially charged with 30 counts of sexual abuse of children after child pornography was found on his computer which he had taken in for repair.
Elk County is faced with a seemingly ever-increasing number of Driving After Imbibing (DAI), more commonly known as DUI (Driving Under the Influence), and drug possession cases that have been accumulating over the past few years due to the COVID-19 pandemic. The Accelerated Rehabilitative Disposition (ARD) is a unique program approved by the Supreme Court of Pennsylvania, generally for first-time offenders who have no prior criminal convictions or ARD dispositions. The primary purpose of the ARD program is the prompt disposition of charges, eliminating the need for costly and time-consuming trials and other court proceedings.
The program is designed to recognize those offenders who are amenable to treatment and rehabilitation and effectively remove their cases from the criminal justice system, thereby freeing resources better used elsewhere. Generally, those who enter into the program are evaluated by drug and alcohol services, as well as mental health professionals, and must attend driver safety classes and other rehabilitative therapies based on their individual needs.
The costs of entering into the ARD program are generally much higher than for a regular DAI conviction, but the incentive of having the offense taken off of their criminal record for good if they complete the program is the prime motivator for many defendants. The DAI charge remains on their PennDOT record, however, and can lead to more issues if they receive another DAI charge within 10 years of the first offense.
Due to the backlog of cases from the COVID-19 shut down a much larger than a normal number of defendants accepted ARD pleas on Monday, seven in total. Entering into the program were: Paul Hale, Mary Launer, Eric Mahovlich, Zachary Reuscher, Marjorie Shurr, Michael Scolari, and Desiree Vires.
The Elk County Court will be busy on Tuesday, July 12 as well with jury selection for at least four separate cases taking place. Parking is at a premium in Ridgway so if you are called for jury duty be sure to allow several minutes of walk time to your schedule so you are not late for the first call of the jury.