Judge sentences man for SUV theft, assault on officer
A Wilkes-Barre man who admitted to stealing a sport utility vehicle containing a firearm and assaulting an officer during his arrest will spend up to nearly two years in prison.
Nicholas Bertalan, 27, was sentenced Monday by Judge Steven R. Serfass after entering a negotiated guilty plea to multiple charges stemming from a Nov. 10, 2024, incident in Lehighton Borough, according to court records.
Bertalan entered a negotiated guilty plea to theft by unlawful taking, possession of a controlled substance, and aggravated assault-attempting to cause bodily injury to an officer. Other charges, including a more serious count of aggravated assault (attempting to cause serious bodily injury), were dismissed as part of the plea agreement.
He will serve a minimum of eight months to a maximum of nearly two years in county prison for the assault charge, concurrent with his sentence for theft. He also received one year of probation for the drug possession charge, to run consecutively.
As part of his sentence, Bertalan was ordered to submit a blood sample, undergo a comprehensive drug and alcohol evaluation within 60 days, complete 100 hours of community service, and comply with subpoenas requiring him to testify against co-defendant Victoria Smith.
Additionally, Bertalan was assessed $3,238.85 in fines, costs and restitution.
According to the affidavit of probable cause filed by Lehighton Borough Patrolman Justus Altmiller, police were alerted on Nov. 10, 2024, to the theft of a Mazda CX50 from the 100 block of Maple Alley. The theft, which occurred the previous day, involved a vehicle that also contained a Canik TP9 pistol.
Video surveillance captured a “thin white man” opening the SUV and driving away, police said.
Around 2:27 p.m., officers Altmiller and Joel Gulla spotted the stolen vehicle traveling west on Route 443. When they attempted to conduct a traffic stop with lights and sirens, the driver fled, leading police on a pursuit that continued east onto Ashtown Drive.
Near the intersection of Gypsy Hill Road and Bridge Street, heavy traffic forced the SUV to slow down. Gulla then used his vehicle’s pushbar to block the driver’s door, bringing the SUV to a stop.
Bertalan exited from the passenger side and resisted efforts to be handcuffed. During the struggle, he bit Gulla on the right ring finger, the affidavit stated.
Altmiller removed a female passenger, later identified as Victoria Smith, from the driver’s seat by forcing her over the center console.
When questioned at the scene, Bertalan told police the stolen handgun was in the back of the vehicle. Officers recovered the firearm, which matched the description of the stolen gun, and also discovered a small plastic bag containing a white powdery substance that Bertalan identified as methamphetamine.
Neither Bertalan nor Smith initially provided their names or dates of birth. Both were identified by a state trooper who recognized them from prior encounters.
Bertalan later admitted to stealing the SUV, knowing that the gun was inside, and told police he had informed Smith the vehicle was stolen.