59th Judicial District held first Return Day of February
RIDGWAY--The day began early for everyone at the 59th Judicial District on Monday as court cases began to be heard at 8:30 a.m. for the first Return Day of February.
Christopher H. Graham, 56, of Johnsonburg, failed to appear for his scheduled ARD revocation hearing after acquiring new charges, including another DUI and drug paraphernalia charges. President Judge Shawn T. McMahon immediately issued a bench warrant for Graham’s immediate arrest and detention.
ARD stands for “Accelerated Rehabilitative Disposition.” It is a program that all Pennsylvania counties are required to have in place for individuals with no criminal record or a minimal criminal record who have been charged with a relatively minor, non-violent offense(s). According to the Pennsylvania Rules of Criminal Procedure, “the program is intended to encourage offenders to make a fresh start after participation in a rehabilitative program and offers them the possibility of a clean record if they complete the program.” Suppose a defendant has been charged with a relatively minor offense-typically DUI, possession of a controlled substance for personal use, or possession of drug paraphernalia. When accepted into the ARD program, their case is placed on “hold” for a period of time. When the case is on hold, typically for one year, The court will impose specific requirements that program participants must complete within that time. Suppose the requirements are completed by the end of the ARD period. In that case, court will notify the defendants that their case is eligible to be dismissed entirely and erased from their criminal record. This program is not a get-out-of-jail-free card and requires that those in the program attend classes, participate in 50 hours of community service, and pay fines and fees well above those with other dispositions. Entering the ARD program on Monday were: Ryle Goetz, Amamda Royer, Jarid DeCarli, Stacy Martin, Shane Bickford, Garrett Frederoski, Shelley Mitcheltree, Jacon Reynolds, Kathleen Shugars, and Bret Trunzo.
Aaron J. Gallagher, 28, of St. Marys, pled guilty to a lesser charge of indecent assault instead of the sexual assault he was charged with at the victim’s request and was placed on probation for a period of two years. Because of the nature of the offense, he will have to register on the sexual offender’s website for a period of 15 years.
Jeffrey Schatz, 50, of Johnsonburg, rejected
a plea deal and will proceed to jury selection on March 13 for his charges of deceptive or fraudulent business practices, theft by deception, and home improvement fraud.
Marandialyn Greene, 27, of St. Marys, will spend five days in the Elk County Jail following her guilty plea to her second Driving After Imbibing (PA’s term for the more commonly known DUI), which is the mandatory sentence for second-time offenders.
Donald Penfield, 41, of Bradford, will need to undergo a SOAB (Sexual Offenders Assessment Board) evaluation before being sentenced on two counts of invasion of privacy. The SOAB assessment process is initiated when the sentencing court submits an order to the SOAB. Pennsylvania law requires that after a conviction for a sexually violent offense, but before sentencing, the court shall order the individual to be assessed by the board to determine if the individual meets the legal criteria to be designated a sexually violent predator.
Kevin L. Stahli, 42, of Johnsonburg, accepted plea deals on charges of fleeing from police officers and flight to avoid apprehension and was sentenced to 29 days in Elk County Prison. He must also pay a $2,500 fine, court costs, fees, and the monthly charge of $45 to the probation department while he remains on supervision following his release for two years.
Todd Stahli, 50, of Wilcox, pled guilty to possessing a controlled or counterfeit substance, in this case, methamphetamine, and will spend 46 days to 24 months in Elk County Prison with the sentence running concurrently to his current sentence, which will continue through April.
Robert Fenton, 54, of St. Marys, pled guilty to accidents causing damage to attended vehicles or property and will spend the next six months on probation, pay restitution, a $2,000 fine and have no contact with his victims.
Michael S. Schloder, 54, of St. Marys, pled guilty to criminal trespass, a third DAI charge, and one count of terroristic threats. He will spend 126 days in Elk County Prison and pay fines, fees, and probation charges after his release when the Elk County Probation Department will supervise him.
Devon McClintick, 28, of Weedville, pled guilty to criminal solicitation-statutory sexual assault and will spend the next 15-60 months in the care of a state correctional facility as well as being required to register for life as a sexual offender on Megan’s Law website. Once he is released, he will spend the next three years on probation.
Jeremiah Schuler, 41, currently incarcerated, has decided to press on for a jury trial by rejecting a plea deal on seven drug-related charges, including possession with intent, drug paraphernalia, and criminal use of a communication device. Jury selection will take place on March 13.
Jessica Marie Leinemann, 34, of Reynoldsville, was sentenced to six months to two years on probation after accepting a plea deal on a possession with intent charge.
Charles Henry Sherwood, 58, of Kane, has opted to fight his second DAI charge in front of a jury and will be listed for Jury selection on March 13.
Eric B. Oknefski, 40, of Ridgway, pled guilty to his second DAI charge and will spend the next five days in the Elk County Prison, paying the required $300 fine, Pennsylvania State Police lab fees of $336, and $25 fine for displaying an unauthorized certificate of inspection.
Gary L. Reed, 52, of Butler, will spend the next 166 days to 24 months in a state correctional facility following his guilty plea on his third DAI Charge, along with a $500 fine and all other associated costs.
David R. Walters, 59, of Kane, pled guilty to one count of possession of a controlled substance (oxycodone) and a second DAI. He will spend the next 9-24 months incarcerated, forfeit $1,266.65 in drug proceeds, and must complete drug and alcohol counseling.
Colby McCandless. 26, of St. Marys, pled guilty to one count of possession of drug paraphernalia and will spend the next year on probation. He also pled guilty to possession of heroin and received 90 days to one-year incarceration for his crime. After completing his sentence, he will be paroled into an in-patient drug treatment facility. Finally, he pled guilty to one count of retail theft from Elk County Ammo and Arms of St. Marys and was placed on probation following his sentence for a period of 24 months.
Tiffany Thomas, 42, of St. Marys, was charged with a litany of theft cases, including financial exploitation of an older adult and identity theft from her own mother. She must pay $4,379.49 and $726.79 in restitution, be on probation for a year and provide a DNA sample.
There will be another Return Day next Monday, February 13, beginning at 8:30 a.m.The public is welcome to attend.