Defendants ready for trial change minds and enter guilty pleas
Eleven defendants who were scheduled to go on trial during the November term of criminal count in Carbon County instead changed their minds and entered into plea bargains and pleaded guilty before the county judges.
Those who pleaded included the following:
David Horack, 26, of Lansford, pleaded in three pending cases. He pleaded to four counts of access device fraud filed by Lansford police with Jessie Fegley, of Nesquehoning, the listed victim. He also pleaded to one count of criminal conspiracy-criminal trespass for an incident involving Linda Green, of E. Catawissa St., Nesquehoning, the listed victim; and a plea to theft filed by Summit Hill police for an incident with Nicole Fink and Alicia Reph, of Lansford Court, the listed victims.
Judge Steven R. Serfass sentenced Horack on the access device charges to one year probation on each count running concurrent to each other. He was also ordered to render 50 hours of community service.
On the theft count he was sentenced to serve 144 to 289 days in the county prison with credit for 289 days and was immediately paroled. He was also placed on probation for 18 months consecutive to all other sentences. He must also supply a DNA sample, and render 75 hours of community service.
On the conspiracy charge he was sentenced to serve 149 to 298 days in the county prison with credit for 298 days already served and immediately paroled. He was also placed on probation for 18 months concurrent with the other sentences. He was also ordered to get a drug and alcohol (D&A) evaluation and follow any recommendation for treatment.
John Michael Correll, 25, of McAdoo, pleaded to one count each of resisting arrest and possession of drug paraphernalia. He was arrested along SR534 in Kidder Township. A charge of aggravated assault on police officer David Mason was dropped in a plea agreement.
Serfass deferred sentencing.
James Clark Smiley, 40, of Palmerton, pleaded to one count each of recklessly endangering another person and two counts of criminal mischief. He was arrested by Palmerton police for an incident in the area of 836 Mauch Chunk Road, with Christine Mertz, the listed victim. Police said it was a domestic incident and the defendant was the then boyfriend of Mertz.
Serfass sentenced him to serve three to one day less 24 months in prison on the endangering charged with credit for three days. He was placed on probation for a year on each mischief count, consecutive to each other and the endangering charge.
He was also ordered to render 100 hours of community service, have no contact with the victim, and was granted immediate work release privileges.
Angelo Tejera, 47, of Nesquehoning, pleaded to two counts of corruption of a minor in two pending cases. He also pleaded to a theft charge in a third case.
He was charged with one incident by Lansford police for an incident along W. Dock St. with a 16-year-old female the listed victim.
The second count was filed by Nesquehoning police for an incident involving a 15-year-old female and occurred in the area of W. Railroad St. In this case charges of aggravated indecent assault and three counts of indecent assault were dropped.
The theft charge was filed by Lehighton police for an incident in which Samantha Ahner, of Second St., is the listed victim and a Sony Playstation taken.
On the corruption counts Judge Joseph J. Matika placed Tejero on probation for a year on each count running consecutively. On the theft charge he was placed on a year probation concurrent to the other counts.
He was also ordered to have no contact with the victims in the corruption cases, render 50 hours of community service, zero tolerance on D&A use, and make restitution of $130 in the theft case.
Theresa J. Flexer, 27, of Ashfield, pleaded to one count of retail theft. She was arrested by Mahoning Township police on Sept. 3, 2011, for an incident at the Giant Market in which she took items valued at $169.71.
Matika placed her on probation for a year and ordered her to make restitution of $169.71 to the market.
Jacob J. Davis, 27, of Hazleton, pleaded to one count of simple assault. He was arrested by state police at Hazleton for an incident in Tresckow, Banks Township, on Sept. 3, 2011, with Tonya Lee Kling, the listed victim. Troopers said it was a domestic incident.
Matika sentenced him to serve six to 12 months in the county prison with credit for 123 days already served. He was also ordered to render 50 hours of community service when released on parole.
David A. Kutz, 43, of Lansford, pleaded to one count of harassment, as a summary offense. He was arrested by Lansford police on July 24 for an incident in which Kathryn Susko, of W. Kline Ave., is the listed victim.
He was fined $25 and ordered to make restitution of $823.27 to the victim.
Lisa Marie Gallagher, 42, of Quakertown, pleaded to one count of bad check. She was arrested by Palmerton police for an incident on July 22, 2011, in which Shea's Inc., Delaware Avenue, is the listed victim.
She was sentenced to serve three to 12 months in a state prison, concurrent with a state prison term she is serving, zero tolerance on D&A use, render 50 hours of community service when released on parole, and make restitution to the victim for $232.60.
Andrew Tyahla, 27, of Pensacola, Fla., pleaded to one count of theft. He was arrested by Lehighton police for an incident on June 3, 2008.
He was placed on probation for a year and ordered to make restitution of $130, render 50 hours of community service, and zero tolerance imposed on D&A use.
Melissa Gressler, 40, of Lehighton, pleaded guilty to two counts of simple assault in two pending cases. She was charged for one incident on March 21, 2010, in Lehighton with Tanya Farber the listed victim; and a second assault on June 20, 2010, in Nesquehoning with Bonnie Strohl the listed victim.
President Judge Roger N. Nanovic II sentenced her to serve 60 days to 18 months in prison with the terms running concurrently. She was given credit for a total of 18 days spent in jail on the charges. She was also ordered to get a D&A evaluation, and attend and complete anger management counseling. She will serve the remaining time on consecutive weekends beginning Nov. 9 at 6 p.m.
Stephen T. Meleschuck, 53, of Whitehall, pleaded to one count each of harassment and trespass, both summaries. The harassment incident occurred on Nov. 24, 2010, in the area of 871 Delaware Ave., Palmerton, with Prudence Greenawalt the listed victim.The trespass incident occurred on March 6 at the same location above.
Nanovic placed him on probation for three months on each count, consecutive, and ordered zero tolerance on D&A use.
Each defendant must also pay court costs, which average about $1,000, and pay a $50 per month supervision fee while on probation or parole.