Summary appeals heard
Judge D. Michael Stine ruled on a number of summary appeals from adjudications by district justices and on two court order violations in hearings held recently in Schuylkill County Court.
The court's ruling on summary appeals were as follows:
Jean M. Kemp, New Berlinville, dropped her appeal from her conviction by a district justice of passing a school bus which was stopped with flashiing red lights to discharge students at Spruce and Center streets, Tamaqua, last Sept. 11. She was cited by Patrolman Michael J. Hobbs, Tamaqua police. Stine imposed a fine of $25 plus $50 costs.
David Donald Weiser, 52, Schuylkill Haven, won his appeal from a conviction by a district justice of a charge of trespassing on private property when a representative from the district attorney's office moved to nol pros the charges. Weiser was charged by Schuylkill Haven police with trespassing on property at 615 Hillcraft Ave. The fine and cost of $185.58 was dismissed.
Heather L. Roessler, 40, Pine Grove, won her appeal when Stine found her not guilty of criminal trespass on property at 16 Geary Wolf Road in Pine Grove and the cost and fine totaling $435.50 was dismissed.
Jasgelt Shikh, 48, Schuylkill Haven, won his appeal when Stine found him not guilty of the charge exceeding the speed limit in Schuylkill Haven. He was charged by Schuylkill Haven police with traveling 42 miles per hour in a 25 zone. The fine and cost of $153.50 was dismissed.
Emilio S. Jack, 19, of Pottsville, lost his appeal when Stine found him guilty of the charge of driving while his license was suspended and imposed a fine of $200 plus $50 costs. He was cited by Patrolman Brian J. Reno, Pottsville police, last Aug. 19 in the 400 block on Nichols Street.
Randy J. Kramer, 33, Pottsville, won his appeal when Stine approved a motion to nol pros a charge of driving while his license was suspended. He was cited by Pottsville police last Aug. 29 in the 100 block on Laurel Boulevard. A fine and cost of $1,996.50 was dismissed.
Nikolis Ben Chyat, 19, Schuylkill Haven, withdrew his appeal and entered a guilty plea to a charge of speeding and was fined $52.50 plus $50 costs. He was cited by Trooper Thomas Powell with traveling 80 miles per hour in a 65 zone when stopped last Sept. 25 in Delano Township.
Mark T. Thornton, 27, Auburn, was found not guilty of a charge of harassment because of lack of prosecution as a witness failed to appear at the hearing. A fine and cost of $285.50 was dismissed. He was charged by state police with wearing a bullet proof vest and brandishing a loaded handgun while appearing in a highly intoxicated state in the area of the Lake Wynonah Lodge in Wayne Township last Sept. 1.
Dropped from ARD
In another matter Stine removed Alex J. Fogarty, 20, of Lost Creek , West Mahanoy Township, from the Accelerated Rehabilative Disposition (ARD) probation program, which is reserved for first offenders to permit them to work off the criminal charges and regain a clean record.
The judge ruled he had violated the terms fixed for his program and the case goes back on the trial list. He was released on his current bail with the stipulation that he shall not use, posses or transport alcohol or controlled substance in his vehicle.
Fogarty was cited by Trooper Michael Marinchak on Sept. 20, 2008, with driving under the influence (DUI) of alcohol when stopped on Raven Run Road in West Mahanoy Township and he was placed in the ARD program last April 24 to serve 12 months.
Renee Smith, 31, Shenandoah, had her parole revoked by Stine, who found after a hearing she violated two conditions - failing to notify authorities of a new arrest and possessing illegal drugs. Her 365 days of libery while on parole were revoked and she was remanded to the county prison to serve the remainder of her original sentence.
She had pleaded guilty to a charge of retail theft from the Walmart Store in Saint Clair and was put on probation. Her new date when she can be released from prison was extended to Jan. 5, 2011.