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Tamaqua man has probation revoked; resentenced to jail

Published August 06. 2010 05:00PM

A Tamaqua man was one of four people who had their probation revoked by Judge D. Michael Stine following a hearing Thursday in Schuylkill County court.

Drew Labor, 22, formerly of 101 Pine Street, Apt. 11, admitted to violating his probation and was re-sentenced to serve three to 12 months in the county prison with credit for time served since June 21. His violatons were that he failed to report to his probation officer within 48 hours of a new arrest and also tested positive for using drugs.

Labor was on probation when he was arrested by Patrolman Karl Harig, Tamaqua police, on June 11 on charges of criminal trespass, theft by unlawful takeing and receiving stolen property as a result of an incident which occurred upon entering the home of Michelle Labor, 106 Clay Street, and taking a box of medicine and $50 in quarters.

He was placed on probation for 12 months after pleading guilty on Feb. 2, 2009, to possession of a controlled substance. The sentence was to run after he completed a 23 months probation sentence imposed by President Judge William E. Baldiwn on May 23, 2007, for driving under the influence (DUI) of alcohol.

Jailed while pregnant

A sobbing Abbie Elizabeth Mengle, 23, Pottsville, who is pregnant and expecting in October, was taken from the courtroom to the county prison across the street to serve 20 days to 12 months for violating her probation. She actually received a sentence of 46 days in jail but Stine gave her credit for 26 days spent at White Deer Run rehab center. The sentence was on the charge of criminal mischief.

On the charge of possession of drug paraphernalia she received a sentence of 12 months on probation to run consecutive to the first sentence. Her probation was revoked for being arrested while on probation and for possession of drug paraphernalia. She was orginally sentenced on Aug. 27, 2009, on a charge of criminal mischief to a vehicle and was placed on probation for 12 months.

Stine told her he needed to send her to prison as a wake up call because the violations she committed were serious. The public defender representing her was asking she be placed under house arrest but the judge took the recommendation of the probation officer.

Blame narcotics

Donald C. Howley, 43, of 637 E. Center St., Mahanoy City, had his probation revoked and resentenced to serve 133 days to five years in the county prison, however, since he served 133 days he was eligible to apply for re-parole.

Howley was charged by his probation officer of violating the terms fixed by court by using drugs and also failing to comply with the sentence to serve 30 days under SCRAM monitoring. He had been sentenced last Feb. 22 after pleading guilty to DUI to serve 90 days to five years under the Intermediate Punishment Program (IPP). He served 30 days in prison and then while on probation was to serve 30 days wearing a monitoring bracelet which restricted his whereabouts which he violated.

Corey Jay Leininger, 38, Pine Grove Township, had his probation revoked and he was re-sentence to serve out his original sentence which was 90 days to five years in the county prison which was imposed last May 19 on charges of DUI of alcohol and drugs.

No defense

Jeffrey Robert Zimmerman, 44, Fredericksburg, entered a plea of nollo contendre (no defense) to a charge of DUI and was sentenced by Judge Cyrus Palmer Dolbin to serve three to six months in the county prison, however, he was given credit for serving three months in the state correctional institution in Dallas and was granted immediate parole. He also must pay a fine of $350 and court costs, pay $50 to Catastrophe fund, $50 to Criminal Justice Enhancement account, $300 to Substance Abuse Education fund, receive outpatient counseling and make restitution of $1,697.56 to Victims Compensation Assistance Program, $646.47 to Brian Holmes and $2,759.50 to Geisinger Choice Company.

Loses appeal

Ellen A. Goos, of Orwigsburg, appealed to court the findings of a district justice of a charge of violating a stop sign. After a hearing Judge Doanld P. Dolbin upheld the district justice and ordered her to pay the fines and costs imposed which totaled $121.50. She was cited last Dec. 3 at the Blue Mountain High School Campus along SR443 in North Manheim Township for failing to stop at a stop sign.

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