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Verdicts returned in two criminal cases

Published February 06. 2013 05:02PM

Juries returned verdicts in two criminal cases Tuesday in Schuylkill County court and the case involving a Tamaqua man, which was carried over to today, was expected to reach the jury this afternoon.

Nicholas Michael Kostishak, 50, of 323 S. Mill St., Saint Clair, was found not guilty of the charge resisting arrest but Judge John E. Domalakes was not going to let him walk away a free man by finding him guilty of public drunkenness and imposed a fine of $150 plus court costs.

Kostishak was cited by Saint Clair Chief Michael P. Carey on Dec. 2, 2011, at the intersection of E. Railroad and S. Front sts.

Alex Colon-Zavala, 45, of 127 E. Pine St., Mahanoy City, was found guilty of charges of manufacturing a controlled substance and possession of drug paraphernalia after a one day trail before President Judge William E. Baldwin.

Because the amount of marijuana found was below the amount to be charged with possession of substance the court allowed the Commonwealth to amend the charge to possession of a small amount of marijuana which carries a lesser sentence.

Baldwin deferred sentence to a later date and ordered a pre-sentence investigative (PSI) report be prepared by the adult probation department.

Tamaqua man

The Commonwealth completed presenting its testimony Tuesday afternoon against David Rudy Cipko, 36, of175 Penn St., Tamaqua.

Cipko faces charges of burglary, aggravated assault, criminal trespass, terroristic threats, false imprisonment, recklessly endangering another person and two counts of simple assault which that were filed by Tamaqua Patrolman Karl Harig.

The key Commonwealth witness was Sharon Quinn, who on Aug. 15, 2012, lived with her six year old daughter in a rented home at 336 Lincoln St. She testified she has known Cipko two or three years and he was a friend which she had dated but their relationship soured and on that day after she had received a number of text messages in which he made threats against her.

She testified that day she had been at her mother's place all day but decided to return to her home to pick up clothing as she was afraid to stay in her home because of the threats. She claimed the house was locked and when she got home and went into the bedroom, Cipko appeared and assaulted her.

She said when he went downstairs she tried to escape through a second story window out onto a porch roof but he came after her and forced her back into the house. She testified she was treated at Saint Luke's Hospital in Coaldale for two lacerations on her head.

Cipko is representing himself and gave his account of what happened that evening.

Bail hearings

Jerry G. Adray, 42, Shenandoah, after a hearing before Judge Charles M. Miller, the court fixed bail at $2,500 percentage cash with certain restrictions including that he must reside at 635 W. Centre St., Mahanoy City, with his brother, Jonathan Nichols, and must not relocate without written permission from the district attorney, shall not possess nor consume alcoholic beverages, controlled substances or drug paraphernalia and shall not travel outside Pennsylvania without written permission from the district attorney.

Adray faces charges of simple assault and recklessly endangering a employee of Kmart Store, Schuylkill Mall, when he was confronted by Ben Horvath while allegedly attempting to open a vending machine with a knife in the store.

Alan Dick, 42, Liverpool, had his bail set by Senior Judge D. Michael Stine at $25,000 unsecured with the special condition he must reside at 510 Cherry St., Liverpool, while he awaits trial on a charge of driving under the influence (DUI) of alcohol.

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