Carbon man given jail term for gun incident; others sentenced
A Carbon County man was sentenced to a county prison term on Monday after previously pleading guilty to a gun incident. He was one of several defendants who had entered pleas to criminal counts and who were sentenced by Judge Steven R. Serfass.
Summit Hill incident
Michael Loyd ludicello, 32, of Summit Hill, was sentenced to a total of six to 23 months in prison on two counts of terroristic threats and one of receiving stolen property.
He was arrested by Summit Hill police for an incident at the Batters' Box tavern along E. Lehigh St. Police responded to the area shortly after 2 a.m. to a report of a man that was removed from the bar and causing a disturbance and threatening people with a gun.
En route to the area police observed ludicello and confronted him. Found on him was a loaded handgun with a shell in the chamber and the hammer cocked but the safety on. A check revealed the gun had been previously reported stolen in Bucks County.
The jail term was imposed on the receiving charge for the possession of the stolen gun. Terms of one to 23 months were imposed on each of the threat counts with all running concurrently. Two years was also probation was imposed on the receiving charge. On a disorderly conduct count a one year probation term was imposed, concurrent with the other charges.
He was also ordered to forfeit the firearm involved, have no consumption or possession of alcohol during the period, get both D&A and mental health evaluations, and is prohibited from entering the Batters' Box tavern. He was given credit for 18 days spent in jail on the charge.
He begins the jail term at 9 a.m. on Friday, Jan. 18.
Nicholas Anthony Depalma, 29, of Albrightsville, was sentenced to a jail term of nine to one day less 24 months on two theft counts, both felonies. On a criminal mischief charge he was placed on probation for 18 months, concurrent with the other charges.
He previously admitted his part in the theft of various landscaping and other type equipment including a backhoe and riding mowers.
One of the cases occurred in Monroe County with Anthony Columbo the listed victim. The items stolen in Monroe were found in Carbon. Another victim was Edgar L. Getz of Carbon. There was also a case in Lehigh County.
He was also ordered to make total restitution of $13,861.38, get a mental health evaluation, supply a DNA sample, and render 100 hours of community service.
He will begin the jail term on Jan. 25 at 9 a.m.
Other defendants who were sentenced by Serfass included:
Kermit Strohl, 50, of Weissport, was sentenced to serve four to 24 months in prison on a driving under the influence (DUI) charge. He was arrested on April 10, 2012, along Railway St., in Weissport. Given a test, the result was 21BAC. Strohl has five prior DUI convictions, it was noted.
Serfass also ordered him get a D&A evaluation, zero tolerance imposed on D&A use, pay a fine of $500, one year license suspension, and render 100 hours of community service.
He will begin the jail term at 9 a.m. on Friday, Jan. 18.
Troy M. Fairchild Sr., 39, of Lehighton, was sentenced to serve six to one day less 24 months on a charge of receiving advance payment for services and failure to perform the work.
Fairchild pleaded guilty for an incident on June 16, 2011, with Michael Schmalzriedt the victim filed by Palmerton police.
Prior to the sentencing hearing Monday, Fairchild entered a second plea to the same count for an incident on July 11, 2011, with Joseph Gerka of Summit Hill the victim, with borough police filing the charge.
On the second count he was placed on probation for 24 months, consecutive to the jail term.
He was also ordered to make total restitution of $6,240, get a D&A evaluation, and render 200 hours of community service.
He will begin the jail term on Jan. 28 at 9 a.m.
Paul Matthew Tyahla, 26, of Palmerton, was placed on probation for 36 months on a charge of firearm ownership. He was arrested by state police at Lehighton for an incident on Oct. 1, 2010. Several firearms were removed from the home of Bernard Tyahla, the defendant's father. One handgun was sold for money and drugs, it was noted.
Serfass imposed zero tolerance on D&A use, supply a DNA sample, and render 150 hours of community service.
Derek M. Hunsicker, 24, of Tamaqua, pleaded guilty to one count of simple assault, a mutual fight. He was arrested by Lansford police for an incident in the area of 503 Lansford Court that occurred on Aug. 23, 2011.
He was placed on probation for three months and ordered to get a D&A evaluation, attend and complete a anger management course, and render 12 hours of community service.
Each defendant must also pay court costs, which average close to $1,000, and pay a $50 per month supervision fee while on probation or parole.