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Former Carbon resident gets state time for assaults

A former Carbon County resident was sentenced to a state prison on Tuesday on assault counts. He was one of several defendants to appear before President Judge Roger N. Nanovic.

Three casesErik R. Boehm, 31, formerly of Lehighton, appeared on three criminal cases which he previously pleaded guilty to and was sentenced to a total of one to two years in a state prison.Boehm was arrested for simple assault on March 14, 2009, for an incident at the Rusty Nail Bar in Palmerton where he assaulted the bartender/owner Cindy Whiteman.He was arrested on May 2, 2008, by Lehighton police on two counts of simple assault for an incident at JD Citro's bar. He assaulted two bar patrons, Floyd Lundy and Daniel Leslie.The third arrest occurred on Aug. 10, 2008, in Palmerton for incident that started out as a fight investigation. In that case he pleaded to unsworn falsification to authorities. The listed victim in that case was Anthony Borrelli.For the incident in Lehighton Nanovic sentenced him to serve one to two years on each assault count; for the Rusty Nail incident he was sentenced to serve nine to 23 months; and on the second Palmerton incident to serve nine to 23 months. All the terms run concurrently to each other.Boehm admitted to a long term drug and alcohol abuse problem.Boehm is currently serving a 18 to 60 months state prison term imposed in Lehigh County on March 1 on a drug charge.Boehm said his Lehigh sentence included the provision he be placed in the state drug rehabilitation program at the Camp Hill facility. He said after his release he would live in Lehigh Counth where he has family residing.Nanovic also ordered restitution of $367.95, zero tolerance on drug or alcohol use, and have no contact with any of the victims.Nanovic gave Boehm a break by running the Carbon term concurrent with the Lehigh sentence.Other casesOther defendants who appeared for sentencing after previously entering guilty pleas included:Earl Eldridge, 30, of Jim Thorpe, was sentenced to a prison term on a charge of driving under the influence (DUI). Eldridge was arrested on Oct. 9, 2008, along SR903 in Jim Thorpe. A test result revealed a controlled substance in his system.Nanovic sentenced him to serve eight months to five years in the county prison and ordered he pay a fine of $2,500, license suspended for 18 months, must get a drug and alcohol (D&A) evaluation and follow any recommendation for treatment, and make total restitution of $907 for damages in a accident he was involved.He will begin the jail term on Friday, March 26, at 3 p.m.Galen Paul Vandine, 60, of Jim Thorpe, was sentenced to a prison term for DUI. He was arrested on Sept. 6, 2009, along N. First St., Lehighton. Police responded to the scene after a motorist, following Vandine, who was operating a motorcycle, observed him driving erratically and then falling off the bike.When police arrived Vandine got up but fell backwards onto his back. He got up a second time and fell again, police said. He told police he had only one drink but a blood test revealed a .30BAC.Nanovic told him, "You were excessively intoxicated."Nanovic sentenced him to serve 90 days to five years in jail, a fine of $2,500, license suspended for 18 months, ordered to get a D&A evaluation and was granted work release privileges.He will begin the jail term on Friday, March 26, at 6 p.m.Andrew Jason Tyahla Sr., 30, of Lansford, was sentenced to a prison term on a charge of possession of drug paraphernalia. He was arrested on Dec. 26, 2009, in the 600 block of Mauch Chunk Road in Palmerton.Nanovic sentenced him to serve four to 12 months in prison and ordered he get a D&A evaluation and imposed zero tolerance on drug and alcohol use. He was given credit for 36 days in prison on the charge.Tyahla is currently in prison on a probation violation and is awaiting a revocation proceeding. The prison term began immediately, Nanovic ruled.Luis De Los Santos, 19, of Philadelphia, was sentenced to a prison term on a charge of simple assault. He was arrested for an incident at the Camp Adams juvenile facility in Penn Forest Township for an incident on Nov. 27, 2009. He was charged by state police with assaulting Timothy Delaney, a employee at the camp.Nanovic sentenced him to time served (117 days) to one year in jail and ordered he get for both D&A and mental health evaluations and have no contact with the victim.State IPPJoseph Kenneth Drakeford, 33, of Albrightsville, was placed in the state's Intermediate Punishment Program (IPP) by Nanovic on a charge of possession with intent to deliver a controlled substance-cocaine. He was arrested on Jan. 1, 2009, by agents of the state Attorney General's office for incidents in the Jim Thorpe area.Nanovic placed him in the program for two years. The IPP is an intensive drug rehabilitation treatment program that includes at least seven months in prison followed by the remaining months in another program outside the prison and finally a stay in a halfway house.Nanovic told Drakeford if he fails to complete the program he will be brought back to court and resentenced to a traditional term of incarceration.Withdraw pleaFrank Duane Swartz, 43, of Summit Hill, was scheduled to be sentenced on a charge of arson-reckless burning, but it was continued because he filed a petiton to withdraw his plea.Swartz entered a guilty plea last December but later filed a petition on his own to withdraw the plea and also to have a new attorney appointed to represent him.Swartz was represented by public defender, Atty. Paul Levy, at the plea hearing. Swartz, in his petition, asked to have Levy replaced.Levy was present yesterday and asked Nanvoic to release him from the case, which was granted.Nanovic said he would appont a new attorney to represent Swartz, but it would have to be someone who was not a member of the public defender's office since there now is a conflict of interest with Levy being removed at the defendant's request.Nanovic said he would not act on the petition to withdraw until Swartz has a new attorney. Nanovic said he would appoint a new counsel promptly.All defendants sentenced must also pay court costs and a $50 per month supervision fee while on probation or parole.