Eight defendants chose trials during Return Day
RIDGWAY - In addition to the standard Return Day pleas and sentencings, Monday also served as a Call of the List day inside the Elk County Main Courtroom. The Call of the Criminal Trial List occurs at least two weeks before the subsequent criminal trial term begins. Each defendant and their attorney must appear for Call of the Criminal Trial List. At this appearance, the court will entertain motions, pleas, and other appropriate matters. Defendants whose cases are not disposed of on that date will be required to appear for jury selection on the first day of the trial term, which will be next week on Monday, March 13, or for the May 8 session, beginning at 8:30 a.m. in the Elk County Main Courtroom. The Call of the List day generally serves as the last day a defendant can accept a plea deal for anything less than the most highly graded offense on their docket sheet.
Drew Patrick Curley, 29, of Rockton, chose to proceed to a jury trial on Monday in response to his three charges, including possession with intent to manufacture or deliver contraband, criminal use of a communication facility (I.e., a cell phone or texting app for communication regarding criminal activity), and possession of a controlled or counterfeit substance.
Jeffrey Thomas Schatz, 50, of Ridgway, was set to the May jury selection following his refusal to accept a plea on his four felony charges. They include deceptive or fraudulent business practices, two separate charges of theft by deception, and one charge of home improvement fraud. He remains in Elk County Prison since he was unable to make bond.
Jeremiah Matthew Schuler, 41, of St. Marys, chose to proceed to jury selection next Monday following his failure to reach a plea arrangement on seven separate drug-related charges, including possession with intent, criminal use of a communication facility, possession of a controlled substance and possession of drug paraphernalia.
John Coda Olds, 32, of Milton, decided to proceed to trial on 11 separate drug-related charges, including possession with intent, possession of a controlled substance, and possession of drug paraphernalia. He was placed on the May jury selection list.
Shiloh Elizabeth Siegel, 40, of St. Marys, was referred to the March 13 jury selection following her failure to accept a plea deal on two
counts each of forgery and theft by deception.
William Jam Thompson Jr, 49, of Ridgway, is charged with three drug-related counts, including possession of a controlled substance and drug paraphernalia. He will be returning next Monday for jury selection.
Charles Henry Sherwood, 58, of Kane, was referred to a bench trial after failing to reach a plea agreement on his second Driving After Imbibing (DAI, also known as DUI or driving under the influence) charge. A bench trial is a trial that does not involve a jury but is conducted by the judge alone, in which the judge decides the facts of the case and applies the law. This trial is given when the maximum length of confinement if found guilty is less than six months. Under the statute, a second charge of DAI within a period of 10 years requires a mandatory five-day imprisonment in Elk County Prison.
Willie C. Moore, 42, of Johnsonburg, was referred to the May 8 jury selection date following his failure to accept a plea deal on five separate drug-related offenses, including possession with intent, criminal conspiracy, possession of a controlled substance, criminal use of a communication facility and possession of drug paraphernalia.
Ten defendants were placed into the ARD (Accelerated Rehabilitative Disposition) Program on Monday’s Return Day. ARD 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 successfully complete the program.”
In DUI and drug possession cases, ARD will allow participants to avoid the damaging consequences of a driver’s license suspension under Pennsylvania law. Essentially, if a defendant has been charged with a relatively minor offensetypically DUI, possession of a controlled substance for personal use, or possession of drug paraphernalia, when they are accepted into the ARD program, their case is placed on “hold” for a period of time. When the case is on hold, typically one year, the court will impose specific requirements that program participants must complete within that time.
If the conditions are completed by the end of the ARD period, the court will then notify the defendants that their case is eligible to be dismissed entirely and erased from their criminal record. Once the case has been dismissed and erased, a public record check will be unable to turn up any details regarding the offense.
Beginning on the date of the hearing at which their case is placed on the ARD program by the judge, defendants will be placed under the supervision of the Elk County Probation Department. By law, ARD supervision cannot exceed two years, and a typical time for the program is six months to one year. While defendants are not technically on probation during this time because they have not been found guilty of any crime, Probation will keep an eye on them to ensure that they are completing the various things that are required. Accepted into the Elk County ARD program on Monday were Patrick Donahue, Troy Gorman, Craig Mitchell, Timothy Pavlikowski, Fred Grunthaner, Tammy Lytle, Candace Parks, Tyler Prechtl, Theresa Sample, and Connie Mahovlich.
Jocelyn J. Clinger, 30, of Clarion, had her Court Imposed Sanctions (CIS) Probation revoked after failing to meet probation department requirements such as maintaining her listed address, failing to report for sessions, and failing to make court-imposed payments. She was remanded to custody and has her next CIS Probation hearing scheduled for April 17/
Matthew D. Gulnac, 29, of St Marys, also had his CIS probation revoked for failing to meet the terms of his agreement, including failure to maintain an address, failure to report, failure to make payments, and other violations. He was also remanded to custody, with his next court date to be set by the court administrator when available.
Dade Zander Bullers, 24, of Marienville, accepted a plea deal on two counts of sexual abuse of children, in this case, images of child pornography. He will spend the next four to twelve years in the custody of the State Correctional Authority. He must also undergo an interview by the Sexual Offenders Assessment Board (SOAB) to determine if he is a sexually violent predator and will be required to register on the Megan’s Law website for the remainder of his natural life.
James L. Holding, 37, of Johnsonburg, took a deal on two separate theft charges by unlawful taking or disposition and was sentenced to 139 days of incarceration that he has served since his arrest last year.
Andrew Edward Kowalski, 32, of Johnsonburg, was scheduled for a pre-trial conference on Monday. His defense attorney indicated that they were still waiting on a report from a forensics expert before proceeding to trial, which is scheduled for jury selection in May. Kowalski, who is currently being held without bond on multiple charges of involuntary deviate sexual intercourse with a child, aggravated assault, sexual assault, endangering the welfare of children, and sexual assault has filed a petition to be released on unsecured bail. With the nature of the charges against him, it is improbable that his petition will be granted, but the case will be heard in Elk County Court in the coming weeks.
Joseph Florenti Cesa Jr., 35, of Dagus Mines, is charged with two counts of drug delivery resulting in death, a felony in the first degree; two felony counts of the manufacture, delivery, or possession with intent to manufacture or deliver and criminal use of a communication facility, a felony in the third degree. He and his lawyer rejected a plea deal on Monday that would have seen him spend the next nine months to two years in the Elk County Prison after a last-minute maneuver by his lawyer to get the sentence changed to home confinement. Negotiations continue between Elk County District Attorney Beau Grove and Cesa’s attorney Joshua Maines.
Richard Paul Griffith, 42, of Johnsonburg, was sentenced to 86 days of confinement in the Elk County Prison following his guilty plea to possession of a controlled substance, in this case, methamphetamine, As he has been in custody for 86 days since his arrest last year he was paroled from the bench.