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Trio involved in assault among 18 to enter pleas

Three of five persons involved in an assault incident in Banks Township earlier this year entered guilty pleas in Carbon County court. They were among 18 to enter pleas in pending criminal cases before Judge Joseph J. Matika.

Coxeville incidentJuan Carlos Garcia, 19, Antoine Unique Smalls, 23, and Michael John Wentz, 17, all of Hazleton, each entered pleas to one count of simple assault and criminal trespass.State police at Hazleton charged that they, along with two others, entered a home at 96 Main St., in the village of Coxeville, Banks Township, during the early morning hours of Jan. 16 and assaulted Steven F. Storm and others. A party was going on at the time.Troopers said a phone call between Storm and one of the assailants occurred prior to the group going to the home. There was apparently a prior incident involving the individuals, troopers said.Matika accepted the pleas and imposed the following sentences.Garcia was sentenced to time served (147 days) to 23 months in prison and ordered to render 100 hours of community service, and have no contact with the victim. The sentence was imposed on the assault and trespass counts. Gracia also pleaded to one count of false identification to law enforcement and was sentenced to serve 60 days to 23 months in jail concurrent with the other term and immediately paroled.However, he won't be released from custody since both Schuylkill and Luzerne counties have filed detainers against him for probation/parole violations.Smalls was sentenced to time served (98 days) to one year in jail, and ordered to render 50 hours of community service, supply a DNA sample and pay the $250 fee, and have no contact with the victim. The sentence was on both counts.Wentz, although a juvenile, was prosecuted as an adult due to the serious charges, was sentenced to time served (30 days) to 23 months in jail, and ordered to render 100 hours of community service, supply a DNA sample and pay the $250 fee, and have no contact with the victim. The term was imposed on both counts. He was given credit for 109 days spent in jail on the charges and paroled.Other pleasOther pleas accepted by Matika included:Aron James Bizousky, 18, of New Oxford, Adams County, and formerly of Palmerton, pleaded guilty in four pending cases. He entered placed to three counts of criminal conspiracy-to commit theft, and one count of theft from a vehicle.He was arrested by Palmerton police for incidents that occurred on Dec. 21, 2011, in the area of W. Edgemont Ave and Mauch Chunk Road. Cars were entered and various items taken. Also charged in the case was Matthew D. Frederick, 18, of Palmerton. His case is pending.Matika placed Bizousky on probation for a year on each count, all running concurrently, and ordered he render 50 hours of community service, and make restitution of $19. Most of the items taken in the thefts was recovered, it was noted.Daniel Joseph O'Donnell, 40, of Lehighton, and formerly of Summit Hill, pleaded in two pending cases. He pleaded to one count each of terroristic threats and forgery. In both cases his parents, Mr. and Mrs. Joseph O'Donnell, of Summit Hill, are the victims.Borough police charged on Oct. 7, 2011, O'Donnell's parents ordered him to leave their home. Police said he threatened to burn the house down.The forgery charge stems from him taking checks and a debit card from his parents and used them to get cash.Defense Attorney Paul John Levy said his client has had mental health issues and a drug addiction problem which has gone on over several years.On the threats count Matika sentenced him to time served (250 days) to 23 months in jail and on the forgery count one year probation consecutive to the threats charge.O'Donnell was also ordered to make total restitution to his parents of $3,377.25; render 100 hours of community service, get both a mental health and drug and alcohol (D&A) evaluations and follow any recommendations for treatment, zero tolerance imposed on D&A use, have no contact with his parents, and not be within 100 yards of their home, and supply a DNA sample and pay the $250 fee.Nicholas R. Caputo, 31, of Hazleton, pleaded to one count of driving under the influence (DUI), a first offense. He was arrested on Sept. 26, 2011, along SR209 in Nesquehoning. Given a test, the result was .09BAC and also showed the presence of cocaine.Matika placed him on probation for six months and ordered he pay a fine of $300, get a D&A evaluation, zero tolerance imposed on D&A use, and render 25 hours of community service.Myles Edward Fraley, 21, of Bethlehem, pleaded to one count of DUI. He was arrested on Sept. 24, 2011, along Bake Oven Rd., in East Penn Township. Given a test, the result showed the presence of a controlled substance.Matika sentenced him to serve 72 hours to six months in jail, a fine of $1,000, one year license suspension, get a D&A evaluation, zero tolerance on D&A use, and render 25 hours of community service. He began the jail term immediately.Joshua Allen Everett, 25, of Lehighton, pleaded to one count of simple assault. He was arrested on March 10 at 1005 SR2015, in Franklin Township. Heather Kulls was the listed victim and police called it a domestic incident. The two have a child together.He was placed on probation for a year and ordered to render 50 hours of community service, attend and complete anger management counseling, and get a mental health evaluation. The sentence is consecutive to a probation violation sentence he is currently serving.Francis V. Filoreto, 26, of Surgarloaf, Luzerne County, pleaded to two counts of criminal trespass, and one each of theft from a vehicle and receiving stolen property. He was arrested on Sept. 5, 2011, by Weatherly police for incidents in the borough with several victims. Taken was various items, mostly from a vehicle.On the first trespass count Matika sentenced him to serve six to 23 months in prison. On the other trespass count the same term was imposed, to run concurrent. On the theft charge he was placed on probation for a year, consecutive to the first sentence.He was also ordered to render 100 hours of community service, get a D&A evaluation, zero tolerance on D&A use, supply a DNA sample and pay the $250 fee, and make total restitution of $266.87. He was given credit for 189 days spent in jail on the charges and paroled.Nikki Bertolette, 21, of White Haven, pleaded to two summary charges of restrictions on alcohol and violation of state park rules. She was arrested by park rangers at the Lehigh Gorge Park in Kidder Township on Aug. 16, 2011.Matika imposed total fines of $125 and costs.Anthony B. Hartranft, 42, of Lehighton, pleaded to one count of receiving stolen property. He was arrested by Lansford police for his part in the theft of down spouting at the former St. Ann's Church.At the time of his arrest he was on state parole and faces a parole revocation proceeding. He is currently in the state prison system.Matika sentenced him to serve six to 24 months in a state prison with credit for six days spent in jail on the charge.John Colloty, 32, of Lehighton, pleaded in two pending cases. He pleaded to one count each of resisting arrest and simple assault for an incident on Jan. 7 in Franklin Township, and to one count each of DUI and possession of a controlled substance for an incident on Jan. 12 in Jim Thorpe.In the Franklin Township incident police were called to a residence for an assault. Colloty was accused of assaulting his mother. When police attempted to take him into custody he resisted.On Jan. 12 he was stopped along North St., in Jim Thorpe, for erratic driving. A test revealed the presence of a controlled substance in his system.Matika deferred sentencing and ordered a presentence investigation (PSI) be prepared by the adult probation office which will include a D&A evaluation.Lorraine Ann Becchetti, 57, of Dunmore, Lackawanna County, pleaded to one count of DUI. She was arrested on Nov. 26, 2011, along the turnpike in Franklin Township. Given a test, the result showed the presence of a controlled substance.Matika sentenced her to serve 72 hours to six months in jail, a fine of $1,000, one year license suspension, get a D&A evaluation, and render 25 hours of community service. She will begin the jail term on June 22 at 8 a.m.Derek Leon Frable, 29, of Palmerton, pleaded to one count of furnishing alcohol to minors. He was arrested on Dec. 19, 2010, by state police for an incident in which he accused of supplying alcohol to a 17-year-old male, who was later involved in an accident.Matika deferred sentencing to a later date.Michael Joseph Krempasky, 31, of Walnutport, pleaded to one count each of DUI and possession of a controlled substance. He was arrested along SR248 in Bowmanstown on March 4, 2011. Given a test, the result showed the presence of a controlled substance. Also found was marijuana in the vehicle.On the DUI charge Matika sentenced him to serve 72 hours to six months in jail, a fine of $1,000, one year license suspension, get a D&A evaluation, and render 25 hours of community service.On the drug count he was placed on probation for a month, concurrent to the DUI. He will begin the jail term on June 22 at 7:30 p.m.Michael A. Raposo Jr., 23, of Lansford, pleaded to one count of retail theft. He was arrested on Dec. 8, 2011, by Lansford police at the Turkey Hill Market along E. Patterson St. for taking $81.89 worth of merchandise.Matika placed him on probation for a year and ordered he render 50 hours of community service, and not permitted to enter the Turkey Hill store during the probation period.Francis Joseph Elliot Jr., 37, of Albrightsville, pleaded to one count of DUI, a first offense. He was arrested on Dec. 4, 2011, along SR903 in Kidder Township. Given a test, the result was .13BAC.He was placed on probation for six months and ordered to pay a fine of $300, get a D&A evaluation, and render 25 hours of community service.Jeremy Miller, 23, of Tresckow, pleaded to one count of possession of drug paraphernalia. He was arrested on Oct. 9, 2011, following a vehicle stop along Plane St. in Weatherly.Matika placed him on probation for six months and ordered he render 25 hours of community service.Each defendant sentenced must also pay court costs, which average close to $1,000, and a $50 per month supervision fee while on probation or parole.