Published November 27. 2015 04:00PM
A Carbon County man was given a break on Friday after previously pleading guilty to drug charges and was placed in an in-house program rather than a prison term.
Vito Kevin Focht, 52, of Nesquehoning, was placed in Carbon County's Intermediate Punishment Program for a total of three years. Judge Joseph J. Matika said the first six months will be on electronic monitoring.Focht was charged by Nesquehoning police after he sold crystal methamphetamine to a confidential informant. The sale occurred on March 1, 2014, in the area of 23 W. Columbus Ave. On April 25, 2014, police served a warrant on Focht's residence and found cocaine and other drugs in the home.Focht previously pleaded to possession with intent to deliver a controlled substance in one case and delivery in a second case. State sentencing guidelines indicated the court could have sentenced him to a prison term.However, defense attorney Joshua Karoly said the commonwealth agreed to a house arrest sentence due to numerous health problems Focht has had to deal with over the years and that he is still dealing with.District Attorney Jean A. Engler told Matika, "We made the plea agreement at the preliminary hearing. The reason we entered the plea was because of his health problems." Karoly had indicated treatment for cancer was among his health problems.Matika said the court has a wide range of discretion in the matter. Matika said because of the health problems Focht has experienced and continues to deal with and his cooperation in the matter, he would go along with the recommendation of a house arrest term.In addition to the house arrest, Matika ordered Focht to get a drug and alcohol evaluation and follow any recommendation for treatment, zero tolerance on drug and alcohol use, supply a DNA sample, pay court costs of about $1,000 and pay a $50 per month supervision fee while in the program.