A Schuylkill County man was sentenced to a Carbon County jail term on Thursday plus a lengthy probation period on charges of driving under the influence (DUI) and endangering the welfare of a child. He was one of three defendants sentenced by Judge Joseph J. Matika.
James M. Acevedo, 44, of McAdoo, was sentenced to serve 30 days to 17 months in prison on the endangering charge.
Acevedo was arrested by Lansford police on Oct. 23, 2010, along SR209 (Patterston St.), for DUI. Given a test, the result was .18BAC.
At the time of the arrest Acevedo had two children in the vehicle with him, ages five and eight.
Matika, before imposing sentence, told Acevedo, "The court takes a very dim view of anyone operating a vehicle under the influence with children in the vehicle."
Matika said, however, he would take into consideration what Acevedo has done since the incident. Acevedo had gone through an rehabilitation program and continues counseling. He told Matika he has secured fulltime employment, has custody of his mentally challenged son, and pays support for three daughters.
Matika ruled that after serving the 30 days Acevedo will spend 60 days under house arrest with electronic monitoring in the county's Intermediate Punishment Program (IPP), followed by 15 months of supervised probation.
He was also ordered to get a drug and alcohol (D&A) evaluation and follow any recommendation for treatment, zero tolerance imposed on D&A use, and render 72 hours of community service when on parole.
On the DUI charge he was sentenced to serve five days to six months in jail, concurrent with the endangering charge, pay a fine of $300, and license suspended for a year.
He will begin the jail term at 10 a.m. on Saturday, June 30, and was granted work release privileges.
Victoria Ann Argott, 33, of Lansford, was sentenced to serve 72 hours to six months in jail on a DUI charge. She was arrested on Jan. 7, 2011, along E. Bertsch St., in Lansford. Given a test, the result showed the presence of cocaine in her system.
Argott admitted to a long-term drug addiction problem. Matika also noted she had a "bad track record" while being supervised.
He also ordered her to pay a fine of $1,000, license suspended for a year, get a D&A evaluation, zero tolerance imposed on D&A use, and render 25 hours of community service.
She was given credit for 20 days in the county jail on the charge and paroled. However, she is apparently not going to be released from custody as the adult probation office noted there was a federal detainer filed against her with the county prison.
Keith Norbin Mcinaw, 51, of Pocono Pines, was ordered to pay total fines of $500 and costs on five summary motor vehicle code violations.
Mcinaw was arrested on Oct. 17, 2010, along Trachsville Hill Road in Towamensing Township by state police at Lehighton, while operating a motorcycle. The incident began on Spruce Hollow Road where troopers attempted to stop him and another cyclist, Scott Kelly, of Effort. A short pursuit ensued with Kelly stopping and Mcinaw involved in a crash, both along Trachsville Hill Road.
Both were charged with DUI and summary offenses. Mcinaw was originally charged with DUI and 19 summary motor vehicle code offenses. He went on trial on the DUI charge. At the time of the trial the Commonwealth dropped 11 of the summary counts. The jury found him not guilty of the DUI charge and Matika found him guilty of five of the seven remaining summary counts.
He was fined for careless driving, driving on roadways laned for traffic, reckless driving, driving a vehicle at a (un) safe speed, and protective headgear violation.
Acevedo and Argott must also pay court costs, which average close to $1,000, and a $50 per month supervision fee while on parole.
Jason Oruska, 24, of Schnecksville, had his sentenced that was imposed on a DUI charge on Tuesday vacated by the court.
Oruska pleaded guilty to the count before Matika and was sentenced to the mandatory minimum of 72 hours to six months. However, a problem developed concerning the amount of credit he was entitled to for time spent in the Monroe County jail after the sentencing.
After discussion with the adult probation office, Oruska and the district attorney's office, Matika vacated the sentence and rescheduled it for a later date. In the meantime the credit issue will be cleared up by the probation office.