Defense lawyer Ross M. Miller of Lansdale asked Schuylkill County President Judge William E. Baldwin to give his client, Alfonso "Alfie" Picone, probation in the theft of $319,501 from an elderly Lake Hauto couple, John and the late Ella Burnard, so that he could continue to work to repay the money.

Prosecutor Deputy Attorney General Michelle L. Laucella asked Baldwin to sentence Picone to up to 10 years, citing the impact of the theft on the Burnards. Further, his gambling habit and "extreme financial distress" make it likely he'll repeat the crimes, she said.Baldwin sentenced Picone, 46, to 18 months to five years in state prison on charges of theft and receiving stolen property, and ordered him to repay the $319,501 he stole.After Baldwin pronounced the sentence, Laucelle and Miller shared their thoughts with reporters.Laucella thanked the Burnards' family, and Schuylkill County's Office of Senior Services."Without their hard work, we would not have been able to get a conviction," she said.Miller said, "I was very glad to today to see that the court granted our motion for acquittal as to two of the most serious charges he was convicted of, and we will appeal the other two charges," he said.Baldwin dismissed charges of dealing in proceeds of unlawful activities and knowledge that the property is the proceeds of unlawful activity.The Burnards' son, Kurt Burnard, also spoke."At least he's not getting away with it, or just walking on probation," he said.