A Philadelphia man, who assaulted two Carbon County prison guards, and who was in jail for other assaults, was sentenced to a state prison term on Monday in Carbon County court. A Lehighton man, involved in the theft of 101 cartons of cigarettes, was sentenced to a county prison term. Both appeared before Judge Steven R. Serfass.

Assaultive behaviorDavid Samule Irby, 21, was sentenced on multiple counts including aggravated and simple assault for two incidents at the county prison and one at a group home in Albrightsville.Serfass imposed a state prison term totaling 24 to 52 months. Irby pleaded guilty to three counts of aggravated assault, two counts of simple assault and one count of aggravated harassment by a prisoner.Irby was first arrested on Feb. 27 by state police at Fern Ridge for an incident at the Glenn Clark House, a Child First Services facility located along SR903, in Albrightsville, Penn Forest Township. He was at the home waiting to be placed into a supervised independent living program. Irby did not want to be there and made physical contact with two employees of the home - Robert Dixon, 24, and Sir Hayes, 34, both of Albrightsville, troopers said.He was placed in the county prison on those charges. On April 6 at the county jail he struck Sgt. Juan Escalante on the right side of the face after causing a disturbance in his cell. Other gaurds attempted to subdue Irby after his asssault on Escalante and during the facus guard Bryan Koch was injured by Irby.On April 14 Irby was involved in another incident. He had a dispute with another inmate and threw a liquid on the other inmate which contained milk and urine.Defense Atty. Joseph D. Perilli told Serfass that Irby has been in and out of facilities most of his life including foster care. He said he was in a facility in the Philadelphia area and doing well but was moved to the Albrightsville home because of the program at the Philadelphia facility had ended. He was awaiting placement in another program when he was involved in the altercation that led to his jailing in Carbon.Irby apologized to the two guards, who were present in the courthroom.District Attorney Gary F. Dobias asked Serfass to impose a state prison term considering that in the incident at the Glenn Clark House a knife was used by the defendant in the assault.Serfass said, "I agree, a state sentence is warranted."The judge also imposed 24 months probation which runs concurrent to the prison term. Irby must also supply a DNA sample and pay the $250 fee plus court costs.He was given credit for 290 days spent in jail on the charges.Cigarette caperJonathan T. Creveling, 28, of Lehighton, was sentenced to time served (130 days) to 18 months in prison on charges of possession of unstamped cigarettes, filed by the state Department of Revenue, and criminal trespass for entering a secured property, filed by state police at Lehighton.Creveling was charged for his part in the theft of 101 cartons of cigarettes from the Beltzville Storage facility in Franklin Township. He was arrested outside the faciltiy on Oct. 9, 2009, removing the cartons of unstamped cigarettes from a storage shed.He was one of at least two charged in the incident. Michael Stewart, of Freeland, was also charged and pleaded guilty and has since been sentenced.Creveling was scheduled to be sentenced on Oct. 18 but failed to show. A bench warrant was issued for his arrest and he was later found and placed in the county prison.Creveling told Serfass he was a self-employed contractor and had a job in New Jersey which was paying him "big bucks" and decided to finish the job rather than return for sentencing in October. He said he was ready to take his punishment for that and pay what he owes.In addition to the jail time Serfass ordered Creveling to pay is proportionate share in the cigarette incident of $501.97; get both a mental health and drug and alcohol evaluations and follow any recommendations for treatment, supply a DNA sample and pay the $250 fee and have no contact with any co-defendants.Each defendant must pay court costs and a $50 per month supervision fee while on parole and/or probation.