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Carbon County court — drug cases

Two defendants in drug cases were sentenced to state prison terms on Monday morning in Carbon County court.

Task force

Joshua Beury, 39, of Nesquehoning, was sentenced by President Judge Roger N. Nanovic II to serve nine to 36 months in a state correctional institution on a charge of possession with intent to deliver a controlled substance and criminal use of a communications facility, both felonies.

He was arrested on Jan. 1, 2020, by Nesquehoning police and members of the county drug task force after they served a search warrant at his residence along West Railroad Street. Various drugs and drug paraphernalia were found in the home. The police report also indicated he admitted using a cellphone to arrange for sales. The original arrest report indicated crystal methamphetamine was found, but his plea was to possession of marijuana.

Defense attorney Robert T. Yurchak asked the court to consider a time-served sentence or impose a “house arrest” term. Both requests were rejected by Nanovic, who noted Beury had tested positive for alcohol and drugs since his arrest.

Nanovic also ordered Beury to supply a DNA sample and get a drug and alcohol evaluation and follow any recommendation for treatment.

He was given credit for the 34 days and must report to the county prison at 1 p.m. on Feb. 11. He then will be transferred to a state prison. The delay in the start of the term is due to a COVID-19 flare-up at the county prison.

Found guilty

Ryan Eckhart, 33, of Palmerton, was sentenced to serve 24 to 48 months in a state correctional institution on a charge of possession of a controlled substance - contraband into the county prison, a felony.

Police were called to the prison after prison staff said they found Eckhart with fentanyl on him. Eckhart was participating in the work-release program at the time of the incident.

He went on trial and the jury panel found him guilty of possession of a controlled substance/contraband by an inmate; but not guilty of contraband/controlled substance into the prison. It was the first trial conducted in the county after the COVID-19 restrictions were eased by the state.

Eckhart said he has gone through a methadone program in trying to address a long-term drug addiction problem.

Nanovic noted that Eckhart has gone to four inpatient programs and apparently none of them has helped him since the instant case occurred after those problems were completed.

The court also noted Eckhart has a pending driving under the influence case from Nov. 9, 2020.

Nanovic ordered Eckhart to get a drug and alcohol evaluation and supply a DNA sample. He will report to the county prison at 5 p.m. on Feb. 11 and then be transferred to a state facility.

Both defendants must also pay court costs of about $1,000.