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Defendants sentenced in DUIs

Three defendants who previously pleaded guilty to driving under the influence were sentenced in Carbon County court on Thursday by Judge Joseph J. Matika.

Elias Cruz, 45, of Allentown, was sentenced on DUI and additional counts of criminal conspiracy-retail theft, and fleeing or attempting to elude police.Cruz was arrested on April 25 following an incident at the Walmart store in Mahoning Township.Township police were dispatched to the store for a retail theft. The suspects, later identified as Cruz and Manuel Antonio Rivera-Agosto, 41, also of Allentown, fled before officers arrived on scene.Police requested neighboring police departments to watch for the vehicle. Within four minutes Franklin Township police spotted the vehicle in the parking lot of a gas station along Route 443. Before officers could attempt to stop the vehicle, it accelerated and drove into the oncoming traffic lane onto the Thomas J. McCall Memorial Bridge.The vehicle then went down Route 248 before turning around at Union Hill Road. The vehicle continued into Weissport, traveling down a dead end road along a train tracks. Rivera-Agosto and Cruz fled the vehicle, leaving behind two large-screen televisions and used needles.Cruz was apprehended a short distance from the vehicle. Rivera-Agosto eluded capture for a brief period of time. Officers were able to use GPS tracking on Rivera-Agosto's cell phone as he fled the area in another vehicle on 248. He was arrested by Walnutport and Slatington police.During interviews with police, Cruz admitted using K2, a synthetic drug, and Rivera-Agosto admitted using heroin.Matika noted that Cruz has a long prior criminal record and is facing a parole revocation hearing in Lehigh County.On the conspiracy charge Matika sentenced Cruz to serve three to 12 months in the county prison. On the fleeing charge he was sentenced to serve two to 11 1/2 months in jail, consecutive to the first count. On the DUI charge he was sentenced to serve 72 hours to six months in jail, concurrent with the other counts. He was given credit for 26 days spent in jail on the charges.He was also ordered to get a D&A evaluation, render a total of 100 hours of community service when released on parole, pay a fine of $1,000 on the DUI charge and a one-year license suspension, and must stay out of the Mahoning Walmart store.Rivera-Agosto also pleaded guilty to his part in the incident and is scheduled for sentencing next month.Trevor G. Sommerfield, 32, of Jim Thorpe, was sentenced on two DUI counts.He was arrested by Kidder Township police along Route 534 on Nov. 7, 2013, and then by Hickory Run state park rangers following an accident. Given a test, the result was 0.21 BAC.On the first count Matika sentenced him to serve five days to six months in jail, a fine of $300, one-year license suspension, get a drug and alcohol evaluation and follow any recommendation for treatment, zero tolerance for D&A use, and render a total of 100 hours of community service.On the second case he was sentenced to serve 90 days to five years in jail, a fine of $1,500, and a 18-month license suspension. The jail terms are concurrent.He will serve the 90 days on three-day consecutive periods beginning Sept. 29 at 9 a.m.Timothy Doyne, 29, of Lansford, was arrested on May 3 along East Abbott Street by Lansford police. He refused to submit to a blood test and lost his license for a year for the refusal.Doyne's sentencing was delayed when he pleaded so he could apply for placement in the county's Intermediate Punishment Program with electronic monitoring.Yesterday Matika said Doyne's placement was not approved because he had no "land line" phone at his place of residence. Doyne said he had a phone line installed but admitted failing to inform the county probation office.Matika sentenced Doyne to serve 90 days to six months in jail followed by three years of probation, a fine of $1,500, 18-month license suspension, get a D&A evaluation, zero tolerance for D&A use, and render 25 hours of community service.He will begin the jail term at 4 p.m. on Oct. 3. Matika said, however, if the probation office approves the phone line issue by Oct. 3 then Doyne will serve 30 days in prison and five months in the IPP with the first 60 days on electronic monitoring. He will serve the 30 days on consecutive weekends beginning Oct. 3 if approved by the probation office.Each defendant must also pay court costs, which average about $1,500, and pay a $50 per month supervision fee while on parole or probation.