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Three involved in assault incident are sentenced

Published June 01. 2011 05:00PM

Three of five men involved in a confrontation at a Carbon County development that resulted in assaults and damages to property, were sentenced Tuesday in the county court. They were among several defendants who previously entered guilty pleas to be sentenced by President Judge Roger N. Nanovic II.

Penn Forest incident

The three were involved in an incident that occurred in the Mt. Pocohontas development in Penn Forest Township and occurred on July 14, 2010. Two of the three got short jail terms and the third probation.

Sentenced were:

Corey G. Kerschner, 41, and Todd Kerschner, 41, both of Lehighton. Both were sentenced to serve one to 23 months in prison along with other conditions. The third, Robert Mack, 30, of Slatedale, was placed on probation for a year.

Corey Kerschner pleaded to one count each of riot, criminal mischief, disorderly conduct and four counts of harassment. The riot count is a felony three. Todd Kerschner pleaded to riot, simple assault, disorderly conduct and four counts of harassment.

Mack pleaded to one count each of criminal conspiracy-criminal mischief and disorderly conduct and four counts of harassment.

The two other defendants who pleaded, Dylan Smith, 21, and Cole Kerschner, 20, both of Lehighton, will be sentenced at a later date.

Nanovic noted that the two Kerschner's were involved in the confrontation and the assaults that occurred. Some of those involved in the assaults sustained serious injuries, it was noted, including some of the defendants. Mack, he said, according to state police who investigated, was a not directly involved in any of the assaults but was at the site and in the general area.

On the mischief counts the Kerschner's were placed on probation for a year consecutive to the riot charge. Each must also pay total fines of $800, make restitution to various victims totaling over $600, attend and complete anger management counseling, have no contact with any of the victims, not enter the Mt. Pocohontas development, supply a DNA sample and pay the $250 fee and each render 50 hours of community service.

Corey Kerschner begins his jail term on June 3 at 6 p.m. and serve it on consecutive weekends. Todd Kerschner, who began his sentence, was credit for one day in jail on the charge and was granted immediate work release privileges.

Mack was ordered to pay total fines of $850 and restitution of over $200. He was also orderd to have no contact with any of the victims or enter the development property, and render 10 hours of community service.

Other cases

Other defendants sentenced were:

Gerald James Smith, 56, of Jim Thorpe, on two drug cases was sentenced to serve a total of 21 to 42 months in the county prison on one count each of possession with intent to deliver a controlled substance and delivery. The same jail term was imposed on each count running concurrently.

He was also ordered to supply a DNA sample and pay to $250 fee, get a drug and alcohol (D&A) evaluation and follow any recommendation for treatment, and zero tolerance on D&A use.

He was arrested on one count on Sept. 18, 2009, by agents of the state Attorney General's office along SR209 in Lehighton. The other charge stems from a Aug. 15, 2009, incident in the 100 block of N. First St., Lehighton, involving the sale of heroin.

He began the jail term immediately and was given total credit of 110 days spent in jail on the charges and granted work release privileges.

Todd Adam Miller, 47, of Bath, was sentenced to serve 18 months to five years in the county prison on a charge of driving under the influence (DUI). He was arrested on Oct. 21, 2008, along Forest Inn Road in Towamensing Township. Given a test, the result was .26BAC.

Nanovic noted Miller has four prior DUI convictions and is currently serving a one to two years term in Northampton County for DUI. That sentence was imposed in September 2010.

Nanovic ordered him to pay a fine of $2,500, 18 month license suspension and get a D&A evaluation. The term, which began yesterday, runs concurrent with the Northampton term, Nanovic ruled. When Miller completes the Northampton term he will be returned to Carbon to finish that sentence.

Each defendant must also pay court costs and a $50 per month supervision fee while on probation or parole.

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