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Carbon County court - IPP

A Blakeslee resident was placed in the state's Intermediate Punishment Program on Tuesday by Carbon Count Judge Steven R. Serfass.

Brian Marshall, 29, was placed in the program for two years on charges of possession of a controlled substance, possession of drug paraphernalia and driving under the influence. He previously pleaded guilty to the charges.Marshall was charged by state police at Lehighton after they were called to the Bowmanstown Diner on Nov. 21, 2012, for a report of two suspicious people in the parking lot. By the time troopers arrived, the two had entered the diner. Police spoke to a witness who said he saw Marshall enter the diner and walk by a garbage can. Troopers checked the can and found drugs in it, including heroin. Marshall admitted he threw the drugs in the can.The DUI arrest occurred on July 22, 2012, along Route 248 in Franklin Township. Troopers stopped Marshall after observing him driver erratically. A test showed the presence of a controlled substance. On the DUI charge he was ordered to pay a fine of $1,500, and his license was suspended for a year. He must also make restitution of $3,750 in the drug case plus court costs of about $1,000.The 2-year term was for all counts, concurrent.The state IPP program includes a period of time spent in a state prison followed by intensive inpatient rehabilitation program for drug abuse followed by time spent in a halfway house. Serfass warned Marshall if he fails to successfully complete the program he would be brought back before him for resentencing. Marshall is an inmate at SCI Camp Hill.Another defendant was also placed in the state IPP.Avery Marshall Ziegenfus, 21, of Jim Thorpe was also placed in the program after previously pleading to theft charges, admitting he stole from his grandmother to buy drugs. He entered pleas in three cases. He pleaded guilty to two counts of theft and one each of criminal trespass and driving under the influence.Ziegenfus was charged for an incident on Nov. 12, 2014, at the home of Vera Schaeffer, 4112 White St., Bowmanstown, his grandmother. He stole cash, jewelry and a handgun among other items.The second theft incident occurred on Nov. 13, 2014, in Franklin Township. He stole a Ford 350 truck belonging to PennDOT. The vehicle was found a short time later undamaged.The mischief and DUI count occurred on Nov. 12, 2014, when state police responded to a reported entry at 45 Blackberry Lane, Penn Forest Township. A description of the vehicle involved was obtained and later stopped by troopers with Ziegenfus the driver. He showed signs of impairment and submitted to a blood test. The result showed the presence of a controlled substance.Ziegenfus said he stole to feed a heroin habit that, he said, took over his life.In addition to the IPP, Ziegenfus was ordered to supply a DNA sample and pay court costs of $1,000. Ziegenfus is also an inmate at Camp Hill.Both defendants are eligible for credit against their sentences. That credit will be determined by state prison officials, Serfass said.