The second ATV rider accused of assaulting a deputy game warden in Schuylkill County has been sentenced.

Thomas Earl Kelly Jr., 58, of Shiremanstown, will spend one to 23 months in Schuylkill County Prison, in a ruling by President Judge William E. Baldwin on Thursday. Kelly will report to the prison Jan. 25.

Wade Michael Winemiller, 58, of Wrightsville, was sentenced to 2 to 23 months in December, and began serving his sentence Jan. 2.

The two were charged with attacking Pennsylvania deputy game warden David Fidler at 9:20 a.m. on Dec. 1, 2018, on Pennsylvania Game Commission “co-op” property near Arnots Addition in the Peach Mountain area. Co-op properties are privately owned lands under game commission management, and ATV riding is prohibited.

In connection with the incident, the two men were charged with aggravated assault, simple assault, robbery/theft, criminal conspiracy, disarming a law enforcement officer, harassment and disorderly conduct. They were tried together in October, and the jury found Winemiller guilty of resisting arrest, simple assault and harassment; Kelly guilty of resisting arrest, disorderly conduct and harassment.

Kelly made a statement to the court and apologized to Fidler, the game commission, state police, family and friends. He described the incident as “devastating” for himself and Winemiller.

“I appreciate how serious the case is and I really do respect the law and those who enforce it,” Kelly said. “I just really want to put this nightmare behind me.”

Kelly and his attorney Sud Patel asked for a probation sentence, but Baldwin didn’t agree.

“I cannot say that pure probation is appropriate in this case,” Baldwin said. Baldwin did not sentence Kelly for disorderly conduct, and the harassment charge was merged for sentencing.

The two defendants must pay restitution charges of $6,069, which includes medical treatment and lost wages for Fidler.

After the sentencing, Patel said he was satisfied with the outcome.

“Mr. Kelly is glad this is behind him,” Patel said. “He respects the jury’s verdict.”

Assistant District Attorney Mike Stine said that from the outset of working on the case, the District Attorney’s office felt that incarceration was appropriate.

“Mr. Fidler did believe he was going to be killed that day,” Stine said. “It was a very disturbing incident and he continues to suffer. ... I believe a period of incarceration is appropriate.”