COMMON PLEAS REPORT - MONDAY

A few cases of note involving local defendants were adjudicated in Common Pleas Court today...

In Judge Sarcione's court, Joseph Stonelake, 53, of East Fallowfield, entered an open guilty plea on charges of DUI in a case relating to an accident in the West Side of the borough. (CP-15-CR-0001004-2007)

On January 26, WCPD responded to a report of a 3 car MVA on the 200 block of West Chestnut Street at around 16:00, in which the defendant's car had rear-ended a second vehicle, which in turn rear-ended a third vehicle. Upon arrival, Ofc. Jeffery Murray detected a strong odor of alcohol from Stonelake's breath and also observed that he was unable to maintain his balance. After failing field sobriety tests, Stonelake was arrested and taken to CCH, where his BAC later came back over .30. Judge Sarcione was amazed that the defendant was able to walk after the incident considering his extrememly high level of intoxication. The defendant was sentenced to the mandatory 72 hour prison term, $1,000 fine, and one year driver suspension. The plea remains open pending restitution to the one victim who was injured. During the plea hearing, Stonelake admitted that he used very poor judgement on that day. Um, duh...

Then, it was over to Courtroom #3 for some real intesting legal drama. Ronald Douglas Thomas, 37, of West Chester, appeared in front of Judge James P. MacElree II in a drug possession and sales case. Thomas was undecided as to whether he would request a non-jury trial or accept a plea, leading to some intense talks between the defendant and his public defender. At the start of the hearing/supposed trial, Thomas set the tone for what would be a very interesting hearing in which he claimed to have no recollection of the incident and requested to suboena an alleged confidential informant, who is presently a guest of the Pennsylvania Department of Corrections. Assistant District Attorney Carlos Barraza indicated that the CI would not be called by the Commonwealth at trial. Thomas claimed that the CI's testimony would differ from that of the investigating officer's testimony.

Thomas' public defender, Stewart Paintin, informed the judge that on two separate occasions, Thomas had walked out of strategy meetings at the prison and contented that his client wasn't exactly assisting in his own defense. This would come into play at the end of the hearing.

After nearly an hour of haggling between Paintin and Thomas, the defendant came to his senses and decided to enter a guilty plea to Possession/Delivery of a Non-controlled Substance after ADA Barraza withdrew charges of Possession With Intent to Deliver a Controlled Substance, Possession of a Controlled Substance, Possession of Drug Paraphanalia, and Drug Sales within a School Zone. In this case, Thomas admitted that on September 20, 2006 at approximately 19:53, he sold what was suspected to be cocaine for $20.00 at his residence on the 100 block of North New Street to an undercover officer; it was later determined not to be cocaine, hence the adjustment in the charges (CP-15-CR-0003166-2007).

Thomas also pled guilty in a second case relating to an incident on December 30, 2006. On that day, at around 19:12, Ofc. Greg Cugino arrested the defendant on the 200 block of West Washington Street in the area of a reputed crack house. In a search incident to an arrest, discovered a substance that later tested positive for cocaine. In that incident, Thomas was charged with Possesion of a Controlled Substance, Possession of Drug Paraphanalia, and Trespassing charges; the latter two charges were withdrawn (CP-15-CR-0000434-2007). Additionally, because of the guilty plea to a felony count, Thomas is also required to submit a DNA sample to the state-wide database.

As part of the agreement, Thomas was sentenced to 2-to-4 years in state prison with credit for four months already served at CCP for the New Street incident and to 1-to-3 years in state prison with credit for 6 months served in CCP on the Washington Street case, to run concurrent with the first case. The reason for the lengthier time served credit on the second case was that the six months was accrued while awaiting trial on the Washington Street matter. Thomas had been out on bail on the first case when he was arrested on the second case, and his bail in the first case was formally revoked on February 28.

When Thomas had indicated that he was not really happy with his representation, Judge MacElree reminded him that "very few people were happy to be in court or to be sentenced." Thomas then replied that he was "not prepared to go to trial and so I have to take this deal."

After he was sentenced, Thomas stated for the record that he planned to appeal his sentence based upon ineffective counsel, an issue that would be dealt with during the Post-Conviction Relief Act (PCRA) process. Judge MacElree then ordered the appointment of conflict counsel, whom will be assigned at a later date...

In seemingly less controversial matters, two drug possession cases were put to bed, so to speak, in Judge Sarcione's court.

Last week, Jordan Mohl, 19, of Lebanon, entered an open guilty plea on two separate cases of Possession of a Controlled Substance with Intent to Deliver. Both incidents occured at Tyson Hall on the WCU campus. In the first case, Mohl admitted that on February 7, 2006 at around 20:14 hours, he admitted to selling an undercover officer 2 grams of marijuana for $35.00. (CP-15-CR-0000998-2007) In the second case, Mohl admitted to selling 5 Vicodin pills to an undercover detective on January 18, 2006 at around 21:00. (CP-15-CR-0000999-2007) His co-defendant, John Blystone, was sentenced to 6-to-23 months in CCP by Judge Riley as a co-defendant in the second case (CP-15-CR-0001015-2007). Mohl's sentencing is scheduled for July 18 in front of Judge Sarcione.

Wrapping up the report is the matter of Commonwealth vs. Hector Encarnaction Lopez, 19, of Philadelphia (CP-15-CR-0001553-2007). Lopez entered an open guilty plea to one count of Possession of a Controlled Substance with Intent to Deliver. On January 13 at around 19:54, Ofc. A.J. McCarthy initiated a traffic stop in the 400 block of North Everhart Street. At that time, Lopez, a passenger in a vehicle reportedly driven by co-defendant Kristopher Smith (who is scheduled for trial this Wednesday), was found to be in possession of three yellow zip lock bags containing marijuana, a clear hair net containing 12 1-by-1 inch clear zip lock baggies containing powder cocaine, and $269.00 in cash. Lopez was found to have no means of ingestion of the substances; after being read his rights, Lopez admitted that he was possessing the cocaine for the purposes of delivery in exchange for money, according to the criminal complaint filed with the courts. His sentencing date has yet to be determined...

An early review of scheduled cases in front of Judge Bruno for tomorrow's Criminal Day indicate a potentially light docket, with just four cases scheduled to this point, according to a review of records on the AOPC web site. Of course, that usually doesn't mean anything, but it could mark a very short day at 15-1-01 tomorrow, which means potentially more excitement at the big courthouse at High and Market to report on tomorrow...