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Tamaqua woman has ARD placement revoked by court

Published March 26. 2010 08:28AM

A Tamaqua woman was one of two people removed from the Accelerated Rehabilitation Disposition (ARD) program and four others had their probations revoked by Schuylkill County judges.

Jessica Linkhorst, 25, of 330 Market St., Tamaqua, and Benjamin Garret Dutcavich, 20, Schuylkill Haven, were removed from the ARD program by President Judge William E. Baldwin and their cases returned to the trial list for future disposition.

The ARD program is reserved for first offenders to a non-violent crime. If a person successfully completes the program their record is cleared.

Linkhorst must now stand trial on charges of retail theft and possession of an instrument of crime (razor blade) brought by Patrolman Duane Fredericks, Rush Township police. Dutcavich faces a driving under the influence (DUI) charge brought by Patrolman Kenneth Jacoby, Schuylkill Haven police.

Probations revoked

Four people had their probations revoked.

Judge D. Michael Stine revoked the probation of Damon Lamar Mayo, 27, Pottsville, and re-sentenced him on a charge of theft of a mountain bike belonging to John Gray, Pottsville, to serve four to 23 months in the county prison. He received credit for serving 56 days in prison. The sentence is to run concurrent with a sentence he is now serving from Berks County. Mayo had pleaded guilty to the charge on Jan. 15, 2009, and was put on probation for 24 months.

Baldwin revoked the probation of the following:

Michelle Marie Miller, 38, Shenandoah, was recommitted to the county prison and her liberty of 170 days disallowed and added to her maximum date. She received credit for serving 86 days in prison. Miller pleaded guilty on Dec. 4, 2008, to retail theft from Gold Star Store, Shenandoah, and after serving three months in prison was released on probation.

Thomas David Hillibush, 41, Mahanoy City, was re-sentenced to serve three to 12 months in the county prison on a charge of theft from a motor vehicle. He had pleaded guilty on Dec. 4, 2008, and was sentenced on Feb. 19, 2009, to serve 12 months probation.

Jon Joseph Lynn, 30, of 216 Oak Street, Summit Hill, was recommitted to the county prison to serve out the balance of his sentence. He received credit for serving 152 days in the county prison. Lynn pleaded guilty to DUI which was brought by Patrolman Adam Birosik, Coaldale police, on Oct. 22, 2005.

Withdraw pleas

Baldwin allowed two defendants to withdraw guilty pleas they entered to criminal charges and their cases were returned to the district attorney's office to be placed on future trial lists.

Melissa Jean Hines, 36, Pottsville, faces charges of DUI and Fabian M. Diaz, 22, Shenandoah, charged with robbery and assault.

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