Bradford County Court News, 10/25/09


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District Attorney Daniel J. Barrett announced that recently:

Billy Lee Bacon, 36, of Canton, Pa., was sentenced to State Prison for a minimum of 18 years for sex offenses involving a child. The sentence was imposed by Judge Jeffrey Smith upon the recommendations of the probation department after a pre-sentence investigation. Bacon will not be eligible for parole until 2027.

Bacon was convicted by a jury in May. The 10-year-old victim testified at the trial. Bacon was arrested by Officer Brian Wibirt of the Canton Borough Police Department after receiving reports from school. The Bradford County Children and Youth Services also investigated the matter. Bacon was charged with a felony rape offense that is called Involuntary Deviate Sexual Intercourse in the Pennsylvania Crimes Code.

The Bacon sentence continued a pattern of lengthy sentences based on jury trial convictions for sexually abusing children. Judge Smith imposed a 43-year minimum sentence on Douglas Ewing following an April trial. He also sentenced Eugene Wells to a 20.5-year minimum after a jury found Wells guilty in February.

Bradford County District Attorney Daniel J. Barrett announced that recently, the following people entered guilty pleas in the Court of Common Pleas, Towanda, Pa.:

Mitzi Ann Taylor, 39, of Sayre, Pa., entered pleas of guilty to theft by unlawful taking and receiving stolen property, each a misdemeanor of the first degree. Taylor will be sentenced on Dec. 3, 2009, following preparation of a presentence report by the Bradford County Probation Department. At sentencing, Taylor faces a total maximum sentence of up to 10 years plus fines, costs, restitution to victims, and any other conditions deemed appropriate by the sentencing court.

Officer Sean Flynn of the Sayre Borough Police Department arrested Taylor for the offenses in August 2009 following investigation of a theft of medications that occurred in Sayre Borough.

James Decker, 49, of Monroeton, Pa., entered pleas of guilty to driving under the influence of alcohol and flight to avoid apprehension, each a misdemeanor of the second degree. Decker will be sentenced following preparation of a presentence report by the Bradford County Probation Department. At sentencing, Decker faces a total maximum sentence of up to four years plus fines, costs, restitution to victims, loss of Pennsylvania driving privilege for at least 12 months, and any other conditions deemed appropriate by the sentencing court.

Trooper James Dughi of the Pennsylvania State Police arrested Decker for the offenses in February 2009 following investigation of a motor vehicle crash that occurred in Wysox Township.

Chris Toth, 43, of Canton, Pa., entered a plea of guilty to simple assault, a misdemeanor of the second degree, and disorderly conduct, a summary offense. Toth will be sentenced following preparation of a presentence report by the Bradford County Probation Department. At sentencing, Toth faces a maximum sentence of up to two years and 90 days plus fines, costs, restitution to victims, and any other conditions deemed appropriate by the sentencing court.

Officer Brian Wibirt of the Canton Borough Police Department arrested Toth for the offense in June 2009 following investigation of an assault that occurred in Canton Borough.

Robert Stevens, 36, of Ulster, Pa., entered a plea of guilty to driving under the influence of alcohol, a misdemeanor of the first degree. Stevens will be sentenced following preparation of a presentence report by the Bradford County Probation Department. At sentencing, Stevens faces a maximum sentence of up to five years plus fines, costs, restitution to victims, loss of Pennsylvania driving privilege for at least 18 months, and any other conditions deemed appropriate by the sentencing court.

Officer Newton Condict IV of the Athens Borough Police Department arrested Stevens for the offense in October 2008 following investigation of an incident that occurred in Athens Borough.

John Kraus, 43, of Waverly, N.Y., entered a plea of guilty to driving under the influence of alcohol, a misdemeanor; resisting arrest, a misdemeanor of the second degree; and fleeing and eluding a police officer, a misdemeanor of the second degree. Kraus will be sentenced following preparation of a presentence report by the Bradford County Probation Department. At sentencing, Kraus faces a maximum sentence of up to four years and six months plus fines, costs, restitution to victims, loss of Pennsylvania driving privilege for at least 24 months, and any other conditions deemed appropriate by the sentencing court.

Trooper Andrew Burian of the Pennsylvania State Police arrested Kraus for the offense in May 2009 following an incident that occurred in Troy Borough.

Richard C. Brown, 30, of Rocky Point, N.Y., entered a plea of guilty to attempt to acquire a controlled substance by misrepresentation, a felony. Brown will be sentenced on Dec. 3, 2009, following preparation of a presentence report by the Bradford County Probation Department. At sentencing, Brown faces a maximum sentence of up to five years plus fine(s), costs, restitution to victims, loss of Pennsylvania driving privilege for at least six months, and any other conditions deemed appropriate by the sentencing court.

Officer Sean Flynn of the Sayre Borough Police Department arrested Brown for the offense in July 2009 following investigation of an incident that occurred in Sayre Borough.

Michael A. Bacon, 33, of Canton, Pa., entered a plea of guilty to involuntary deviate sexual intercourse, a felony of the first degree, and corruption of minors, a misdemeanor of the first degree. Bacon will be sentenced on Jan. 18, 2010, following preparation of a presentence report by the Bradford County Probation Department. At sentencing, Bacon faces a maximum sentence of up to 25 years plus fine(s), costs, restitution to victims, and any other conditions deemed appropriate by the sentencing court.

Trooper Nathan Lewis of the Pennsylvania State Police arrested Bacon for the offense in April 2009 following investigation of incidents that occurred in Granville Township.

John J. Adams III, 26, of Spencer, N.Y., entered a plea of guilty to driving under the influence of alcohol, a misdemeanor. Adams will be sentenced on Dec. 3, 2009, following preparation of a presentence report by the Bradford County Probation Department. At sentencing, Adams faces a maximum sentence of up to six months plus fines, costs, restitution to victims, loss of Pennsylvania driving privilege for at least 12 months, and any other conditions deemed appropriate by the sentencing court.

Officer Thomas VanFleet Jr. of the Athens Township Police Department arrested Adams for the offense in May 2009, following investigation of an incident that occurred in Athens Township.

Andrew L. Vanderpool, 36, of Elmira, N.Y., entered a plea of guilty to driving under the influence of alcohol, a misdemeanor. Vanderpool will be sentenced following preparation of a presentence report by the Bradford County Probation Department. At sentencing, Vanderpool faces a maximum sentence of up to six months plus fine(s), costs, restitution to victims, loss of Pennsylvania driving privilege for at least 12 months and any other conditions deemed appropriate by the sentencing court.

Sergeant James Shaw of the Athens Township Police Department arrested Vanderpool for the offense in June 2009 following investigation of an incident that occurred in Athens Township.

Bradford County District Attorney Daniel J. Barrett announced that the following people were sentenced in the Bradford County Court of Common Pleas, Towanda, Pa.;

Richard L. Cruz III, 48, of Mehoopany, Pa., was sentenced by Judge Jeffrey Smith to a term of imprisonment in the Bradford County Correctional Facility of from 12 months to 36 months, and a fine of $1,500, for driving under the influence of alcohol, a misdemeanor of the first degree. Cruz will also lose his Pennsylvania driving privilege for 18 months.

Trooper James Dughi of the Pennsylvania State Police arrested Cruz for the offense in March 2009 after an incident in Wyalusing Township. Cruz may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Bradford County Probation Department.

David W. Bellis, 21, of Barton, N.Y., was sentenced by Judge Jeffrey Smith to a term of imprisonment in the Bradford County Correctional Facility of from 30 days to 12 months, and a fine of $500, for criminal trespass, a misdemeanor of the third degree. Bellis was also ordered to pay restitution of $2,918.04.

Officer David Hart of the Towanda Borough Police Department arrested Bellis for the offense in January 2009 after an incident in Towanda Borough. Bellis may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Bradford County Probation Department.

John Robbins, 46, of Waverly, N.Y., was sentenced by Judge Jeffrey Smith to a total term of imprisonment in a Pennsylvania State Correctional Facility of from seven years to 20 years, and a total fine of $1,000, for the offenses of burglary, a felony of the first degree, and simple assault, a misdemeanor of the second degree. Robbins was also ordered to pay restitution of $3,692.54.

Officer Eric Keir of the Sayre Borough Police Department arrested Robbins for the offenses in August 2008 after an incident in Sayre Borough. Robbins may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Pennsylvania Board of Probation and Parole.

Alfred F. Isbell, 24, of Nichols, N.Y., was sentenced by Judge Jeffrey Smith to a total term of imprisonment in the Bradford County Correctional Facility of from three months and 10 days to one year and 30 days for the offenses of possession of marijuana and possession of drug paraphernalia, each a misdemeanor. Isbell will also lose his Pennsylvania driving privilege for six months.

Officer Thomas VanFleet Jr., of the Athens Township Police Department and Deputy David Hart of the Bradford County Sheriff's Department arrested Isbell for the offenses in July 2008 and August 2007, respectively, after incidents in Bradford County. Isbell may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Bradford County Probation Department.

Dustin L. Chaapel, 21, of Troy, Pa., was sentenced by Judge Jeffrey Smith to a term of imprisonment in the Bradford County Correctional Facility of from four months to 18 months, and a fine of $500, for the offense of burglary, a felony of the second degree.

Trooper Peter Shiposh III of the Pennsylvania State Police arrested Chaapel for the offense in May 2009 after an incident in West Burlington Township. Chaapel may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Bradford County Probation Department.

Charles W. Fitzsimmons, 54, of Troy, Pa., was sentenced by Judge Jeffrey Smith to a term of imprisonment in the Bradford County Correctional Facility of from 12 months to 36 months, and a fine of $1,500, for driving under the influence of alcohol, a misdemeanor of the first degree. Fitzsimmons will also lose his Pennsylvania driving privilege for 18 months.

Trooper Wayne Dunkling of the Pennsylvania State Police arrested Fitzsimmons for the offense in December 2008 after an incident in Columbia Township. Fitzsimmons may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Bradford County Probation Department.

Seth E. Hatch, 24, of Sayre, Pa., was sentenced by Judge Jeffrey Smith to a term in a Pennsylvania State Correctional Facility of from two months to one year, and a fine of $500, for possession of drug paraphernalia, a misdemeanor. Hatch will also lose his Pennsylvania driving privilege for six months.

Officer Derek Watkins of the Sayre Borough Police Department arrested Hatch for the offense in July 2009 after an incident in Sayre Borough. Hatch may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Pennsylvania Board of Probation and Parole.

Jason A. Larsen, 29, of Barton, N.Y., was sentenced by Judge Jeffrey Smith to County Intermediate Punishment for 24 months with 90 days imprisonment in the Bradford County Correctional Facility followed by 60 days on house arrest under electronic supervision and probation, and a fine of $1,500, for the offense of driving under the influence of alcohol, a misdemeanor of the first degree. Larsen will also lose his Pennsylvania driving privilege for 18 months.

Trooper Jamie Lopez of the Pennsylvania State Police arrested Larsen for the offense in February 2009. While on house arrest and probation, Larsen will be subject to supervision and monitoring by the Bradford County Probation Department.

Robert S. Boyer, 20, no permanent address, was sentenced by Judge Jeffrey Smith to a total term of imprisonment in the Bradford County Correctional Facility of from 45 days and 48 hours to 23 months, 29 days, probation for a total term of 24 months, and a total fine of $750, for resisting arrest, a misdemeanor of the second degree; receiving stolen property, a misdemeanor of the second degree; driving under the influence of alcohol, a misdemeanor; possession of a controlled substance, a misdemeanor; and possession of drug paraphernalia, a misdemeanor. Boyer will also lose his Pennsylvania driving privilege for six months.

Law enforcement officers from several Bradford County departments arrested Boyer for the offenses on various dates during 2009 after a number of incidents in Bradford County. Boyer may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Bradford County Probation Department.

Roy A. Balmer, 27, of Towanda, Pa., was sentenced by Judge Jeffrey Smith to a term of imprisonment in a Pennsylvania State Correctional Facility of from 176 days to two years, and a fine of $500, for obstruction of administration of law or other governmental function, a misdemeanor of the second degree.

Officer Derrick Kelley of the Towanda Borough Police Department arrested Balmer for the offense in April 2009. Balmer, who is the subject of an outstanding arrest warrant issued by the State of Colorado, may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Pennsylvania Board of Probation and Parole.

Casey R. House, 22, of Monroeton, Pa., was sentenced by Judge Jeffrey Smith to probation for a term of 15 months, and a total fine of $250, for the offense of hindering apprehension or prosecution, a misdemeanor of the second degree.

Trooper Robert McKee of the Pennsylvania State Police arrested House for the offense in March 2009 after an incident in Monroeton Borough. While on probation, House will be subject to supervision and monitoring by the Bradford County Probation Department.

Tamell Williams-Atkins, 19, of Elmira, N.Y., was sentenced by Judge Jeffrey Smith to imprisonment in a Pennsylvania State Correctional Facility of from one year to two years, and a fine of $500, for delivery of a controlled substance, a felony. Williams-Atkins was also ordered to reimburse the Commonwealth of Pennsylvania in the amount of $350 for state funds expended in purchasing a controlled substance in connection with his case, and he will also lose his Pennsylvania driving privilege for six months. In sentencing Williams-Atkins, the court noted that he is eligible for consideration for a nine-month minimum sentence under the Pennsylvania Recidivism Risk Reduction Incentive (RRRI) Program.

Officer Thomas VanFleet Jr. of the Athens Township Police Department arrested Williams-Atkins for the offense in June 2009 after an incident in Athens Township. Williams-Atkins may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Pennsylvania Board of Probation and Parole.







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