Bradford County Court News, 11/29/09

Bradford County District Attorney Daniel J. Barrett announced that the following person entered a plea of guilty in the Bradford County Court of Common Pleas, Towanda, Pa.:

Dana Gardner, 40, of Ulster, Pa., entered a plea of guilty to burglary, a felony of the first degree. Gardner will be sentenced on Dec. 17, 2009, following preparation of a presentence report by the Bradford County Probation Department. At sentencing, Gardner faces a maximum sentence of up to 20 years plus fine(s), costs, restitution to victims, and any other conditions deemed appropriate by the sentencing court. Officer Derrick Kelley of the Towanda Borough Police Department arrested Gardner for the offense in August 2009 following investigation of a reported burglary that occurred in Towanda Borough.

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

Timothy Jayne, 41, of Gillett, Pa., was sentenced by Judge Jeffrey Smith to imprisonment in the Bradford County Correctional Facility of from 60 days to 24 months, and a total fine of $1,000, for two counts of corruption of minors, each a misdemeanor of the first degree, and each involving a different victim. Trooper Peter Shiposh of the Pennsylvania State Police arrested Jayne for the offenses in May and August of 2009 after incidents in South Creek Township. Jayne 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.

Amanda Louise Lewis, 25, of Candor, N.Y., was sentenced by Judge Jeffrey Smith to probation for a term of 24 months, and a fine of $250, for the offense of theft by deception. Lewis was also ordered to pay restitution in the amount of $326. Lewis had previously been sentenced to probation but her probation was revoked for violations of probation conditions. Officer Jeremy Horton of the Sayre Borough Police Department arrested Lewis for the offense in September 2007 after an incident that occurred in Athens Township in January 2007. While on probation, Lewis will be subject to supervision and monitoring by the Bradford County Probation Department.

Sierra Swisher, 24, of Canton, Pa., was sentenced by Judge Jeffrey Smith to probation for a term of six months, and a fine of $500, for driving under the influence of alcohol. Additionally, Swisher will lose her Pennsylvania driving privilege for 12 months for refusal to submit to blood alcohol testing when arrested, and she was ordered to attend a Victim Impact Panel and to perform community service. Officer Bryan Bellows of the Troy Borough Police Department arrested Swisher for the offense in April 2009 after an incident in Troy Borough. While on probation, Swisher will be subject to supervision and monitoring by the Bradford County Probation Department.

Frank A. Diore, of Towanda, Pa., was sentenced by Judge Jeffrey Smith to probation for a term of six months, and a fine of $500, for driving under the influence of alcohol. Officer Joshua Lake of the Towanda Police Department arrested Diore for the offense in May 2009 after an incident in Towanda Borough. While on probation, Diore will be subject to supervision and monitoring by the Bradford County Probation Department.

Travis Stumph, 25, of Sayre, Pa., was sentenced by Judge Jeffrey Smith to a term of imprisonment in the Bradford County Correctional Facility of from six months to 18 months, and a fine of $500, for the offense of corruption of minors, a misdemeanor of the first degree. Officer Cory Williams of the South Waverly Police Department arrested Stumph for the offense in July 2009 after an incident in South Waverly Borough. Stumph 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.

Harold C. Bennett, 44, of Laceyville, Pa., was sentenced by Judge Jeffrey Smith to State Intermediate Punishment for a term of 24 months, and a fine of $800, for three counts of delivery of a controlled substance (Heroin), each count a felony; criminal use of a communication facility, a felony of the third degree; and conspiracy to commit acquisition of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge, a felony. Bennett will also lose his Pennsylvania driving privilege for at least 18 months as a result of the convictions. Bennett's State Intermediate Punishment sentence provides for treatment and rehabilitation in a residential facility run by the State of Pennsylvania, in which treatment will include a minimum of four months in an alcohol and drug therapeutic community. Bennett will also spend two months in a community-based alcohol and drug program and he must complete six months of outpatient drug and alcohol treatment. In the event that Bennett does not successfully complete the intermediate punishment program, he will be resentenced. Corporal Anthony Morelli of the Pennsylvania State Police arrested Bennett for the offense in March 2009 after an investigation of alleged incidents involving the sale of controlled substance in Wysox Township in December 2008. Bennett 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.

Adam Paul Yoachim, 31, of Rome, Pa., was sentenced to a term of imprisonment in the Bradford County Correctional Facility of from three to 12 months, and a fine of $1,000, for possession of a controlled substance. Yoachim will also lose his Pennsylvania driving privilege for six months. Trooper Michael Adams of the Pennsylvania State Police arrested Yoachim for the offense in June 2009. Yoachim 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.

Howard Walter, 42, of Wyalusing, Pa., was sentenced by Judge Jeffrey Smith to a term of imprisonment in the Bradford County Correctional Facility of from seven days to six months, and a fine of $1,000, for driving under the influence of alcohol, a misdemeanor. Walter will also lose his Pennsylvania driving privilege for 12 months. Trooper Bryan Fedor of the Pennsylvania State Police arrested Walter for the offense in May 2009 after an incident in Stevens Township. Walter 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.

Christina Sandor-Kinner, 24, of Columbia Cross Roads, Pa., was sentenced by Judge Jeffrey Smith to a term in the Bradford County Correctional Facility of from three days to six months, and a fine of $1,000, for the offense of driving under the influence of alcohol, a misdemeanor. Sandor-Kinner was also sentenced to probation for a term of 12 months, and a fine of $300, for the offense of recklessly endangering another person, a misdemeanor of the second degree. Additionally, payment of restitution in the amount of $2,287.50 was ordered and Sandor-Kinner will lose her Pennsylvania driving privilege for 12 months. Trooper James Dughi of the Pennsylvania State Police arrested Sandor-Kinner for the offense in April 2005 following investigation of a motor vehicle crash that occurred in Springfield Township. Sandor-Kinner may be eligible for parole after serving the minimum sentence, and, if paroled, she will be subject to supervision and monitoring by the Bradford County Probation Department.

Bradford County District Attorney Daniel J. Barrett announced that the following person was convicted at criminal trial on Oct. 16, 2009, in the Bradford County Court of Common Pleas, Towanda, Pa.:

Donald Archibald, 47, of Barton, N.Y., was found guilty by a jury, after criminal trial, of two counts of receiving stolen property graded as a felony of the third degree and a misdemeanor of the first degree, respectively. The jury found Archibald not guilty of one count of theft by unlawful taking and one count of receiving stolen property and the jury was unable to reach a verdict on two counts of theft by unlawful taking. A count of criminal trespass was withdrawn by the prosecuting attorney prior to trial. At sentencing, Defendant faces a maximum term of imprisonment of up to 12 years plus fine(s) costs, restitution to victims, and any other condition deemed appropriate by the sentencing court. Trooper Nathan Lewis of the Pennsylvania State Police arrested Archibald for the offenses following investigation of the reported theft of a number of motor vehicles stored in a field in Herrick Township.

Bradford County District Attorney Daniel J. Barrett announced that on Oct. 26, 2009, the following persons were sentenced in the Bradford County Court of Common Pleas, Towanda, Pa.:

Timothy Hamm, 25, of Monroeton, Pa., was sentenced by Judge Jeffrey Smith to a term of imprisonment in Bradford County Correctional Facility of from three months to 18 months, and a fine of $500, for the offense of simple assault, a misdemeanor of the second degree. Officer Donald Stringham of the Canton Borough Police Department arrested Hamm for the offense in May 2009. Hamm 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.

Gary Crane II, 25, of Ulster, Pa., was resentenced by Judge Jeffrey Smith to a term of imprisonment in the Bradford County Correctional Facility of from 48 hours to six months, and a fine of $500, for driving under the influence of alcohol, a misdemeanor. Crane will also lose his Pennsylvania driving privilege for 12 months. Officer Thomas VanFleet of the Athens Township Police Department arrested Crane for the offense in December 2007. Crane 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. Crane had initially been admitted to the Accelerated Rehabilitative Disposition (ARD) program for the offense but he was dropped from the program due to violation of ARD terms and conditions.

Bryon Bailey, 26, of Towanda, Pa., was sentenced by Judge Jeffrey Smith to a total term of imprisonment in a Pennsylvania State Correctional Facility of from 12 months to 24 months, probation for a term of three years, and a total fine of $1,000, for the offenses of terroristic threats, a misdemeanor of the first degree, and simple assault, a misdemeanor of the second degree. Officer Derrick Kelley of the Towanda Borough Police Department arrested Bailey for the offenses in May 2009. Bailey 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. The Pennsylvania Board of Probation and Parole will also supervise Bailey while he is on Probation.

Bradford County District Attorney Daniel J. Barrett announced that the following persons plead guilty in the Court of Common Pleas in Towanda, Pa.:

Lisa Myers, 40, of Sayre, Pa., entered a plea of guilty to burglary, a felony of the first degree. Myers will be sentenced on Dec. 17, 2009, following preparation of a presentence report by the Bradford County Probation Department. At sentencing, Myers faces a maximum sentence of up to 20 years plus fine(s), costs, restitution to victims, and any other conditions deemed appropriate by the sentencing court. Officer Sean Flynn of the Sayre Borough Police Department arrested Myers for the offense in August 2009 following investigation of a burglary that occurred in Sayre Borough.

David Stage entered a plea of guilty to two counts of indecent assault on a minor, each count a felony of the third degree. Stage will be sentenced on Feb. 1, 2010, following preparation of a presentence report by the Bradford County Probation Department. At sentencing, Stage faces a maximum sentence of up to 14 years plus fine(s), costs, restitution to victims, and any other conditions deemed appropriate by the sentencing court.

Desiree Dietz, 27, of Rocky Point, N.Y., entered a plea of guilty to attempt to acquire a controlled substance by misrepresentation, a felony. Dietz will be sentenced on Dec. 17, 2009, following preparation of a presentence report by the Bradford County Probation Department. At sentencing, Dietz faces a maximum sentence of up to 15 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 Dietz for the offense in July 2009 following investigation of a prescription that was forged in Sayre Borough.

Lance Gesford, 26, of Waverly, N.Y., entered a plea of guilty to simple assault, a misdemeanor of the second degree.

Gesford will be sentenced on Dec. 17, 2009, following preparation of a presentence report by the Bradford County Probation Department. At sentencing, Gesford faces a maximum sentence of up to two years plus fine(s), costs, restitution to victims, and any other conditions deemed appropriate by the sentencing court. Officer Derek Dekar of the Athens Borough Police Department arrested Gesford for the offense in May 2009, following investigation of an assault at an establishment in Athens Borough.

Max Gesford III, 27, of Waverly, N.Y., entered a plea of guilty to simple assault, a misdemeanor of the second degree.

Gesford will be sentenced on Dec. 17, 2009, following preparation of a presentence report by the Bradford County Probation Department. At sentencing, Gesford faces a maximum sentence of up to two years plus fine(s), costs, restitution to victims, and any other conditions deemed appropriate by the sentencing court. Officer Derek Dekar of the Athens Borough Police Department arrested Gesford for the offense in May 2009 following investigation of an assault at an establishment in Athens Borough.

Bradford County District Attorney Daniel J. Barrett announced that the following person entered a plea of Nolo Contendere in the Bradford County Court of Common Pleas, Towanda, Pa., on Oct. 26, 2009 (a plea of Nolo Contendere has the same legal effect as a guilty plea. A defendant entering a Nolo Contendere plea, while not admitting to the specific facts of the offense(s) alleged, concedes that he/she will probably not be able to overcome evidence of his/her guilt offered by the Commonwealth at criminal trial):

Angelo Mazzarese, 54, of Waverly, N.Y., entered a plea of Nolo Contendere to disorderly conduct, a summary offense.

Mazzarese will be sentenced on Dec. 17, 2009, following preparation of a presentence report by the Bradford County Probation Department. At sentencing, Mazzarese faces a maximum sentence of up to 90 days plus fine(s), costs, restitution to victims, and any other conditions deemed appropriate by the sentencing court. Officer John Fedorchak of the Athens Township Police Department arrested Mazzarese for the offense in March 2009 following investigation of a disturbance that occurred in Athens Township.

Bonnielee Hudson, 21, of Towanda, Pa., entered a plea of guilty before Magisterial District Judge Timothy Clark to disorderly conduct, a misdemeanor of the third degree, and was sentenced to perform community service and to pay court costs. Officer Derrick Kelley of the Towanda Borough Police Department arrested Hudson for the offense in September 2009 following investigation of an incident that occurred in Towanda Borough.

Ryan R. Prater, 21, of Holdenville, Okla., entered a plea of guilty before Magisterial District Judge Timothy Clark to disorderly conduct and public drunkenness, each a summary offense, and was sentenced to pay a fine, restitution in the amount of $988, and court costs. Officer Josh Lake of the Towanda Borough Police Department arrested Prater for the offense in October 2009 following investigation of an offense that occurred in Towanda Borough.

Toris S. Garner, 33, of Towanda, Pa., entered a plea of guilty before Magisterial District Judge Timothy Clark to criminal trespass, a misdemeanor of the third degree, and was sentenced to 45 days imprisonment in the Bradford County Correctional Facility (suspended for six months), and payment of court costs. Officer Derrick Kelley of the Towanda Borough Police Department arrested Garner for the offense in September 2009 following investigation of an incident that occurred in Towanda Borough.

Nicole T. Pivaral, 35, of Wyalusing, Pa., entered a plea of guilty before Magisterial District Judge Fred Wheaton to disorderly conduct, a summary offense, and was sentenced to pay a fine and court costs. Trooper David Sweeney of the Pennsylvania State Police arrested Pivaral for the offense in August 2009 following investigation of an incident that occurred in Wyalusing Township.