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Criminal court, Jan. 31, 2016

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A Brandonville man returned to prison Monday after a Schuylkill County judge revoked his probation and then sentenced him in connection with a dozen thefts.

Francis J. Layton, 25, must serve 5 1/2 to 11 months behind bars, plus an additional two years on probation, Judge Jacqueline L. Russell ruled.

Russell, who also made the prison sentence consecutive to the one of two to 12 months that Layton already is serving, imposed the sentence after revoking Layton’s probation due to his failure to report on several occasions to his supervising officer and his use of drugs.

“You evidently have a drug problem,” Russell told Layton.

Layton, who admitted he is a heroin addict, originally pleaded guilty on Oct. 15, 2014, to 12 counts of theft, with prosecutors withdrawing an additional count of theft and one count each of conspiracy and receiving stolen property. At that time, Russell sentenced him to spend 12 months on probation, pay costs, $50 to the Criminal Justice Enhancement Account and $18,000 restitution, and perform 240 hours community service.

State police at Frackville charged Layton with committing the thefts in November 2012.

In other county court action, a Mahanoy City man admitted Wednesday that he possessed drug paraphernalia in September 2014.

Paul B. Petrus Sr., 47, pleaded guilty to possession of drug paraphernalia.

Judge John E. Domalakes accepted the plea and, pursuant to an agreement between prosecutors and the defendant, sentenced him to spend 12 months on probation and pay costs and $100 to the Substance Abuse Education Fund.

“You are bound by all of the rules” imposed by the court and county Adult Probation and Parole Office while on probation, Domalakes told Petrus. “I don’t want to see you again under these circumstances.”

Mahanoy City police alleged Petrus possessed the paraphernalia on Sept. 12, 2014, in the borough. First Assistant District Attorney John T. Fegley said Petrus had a glass smoking pipe with burned residue in it.

Also Wednesday, Wendy Kaminitsky, 38, of Summit Hill, pleaded guilty to driving under suspension-DUI related.

Judge James P. Goodman accepted Kaminitsky’s plea and sentenced her to serve 60 days on house arrest with electronic monitoring and pay costs and a $500 fine. He made the sentence effective on Feb. 17.

Coaldale police charged Kaminitsky with driving with the suspended license on Aug. 29, 2015, in the borough. Magisterial District Judge Stephen J. Bayer, Tamaqua, had found Kaminitsky guilty on Dec. 15, 2015, but she appealed that ruling on Dec. 22, 2015.

Instead of taking their cases to trial, Schuylkill County prosecutors last week withdrew drug-related charges against two men.

Shane Lopez, 21, of Shenandoah, had been charged with possession with intent to deliver a controlled substance, possession of a controlled substance and possession of drug paraphernalia. Shenandoah police had charged Lopez with possessing drugs and paraphernalia on Oct. 1, 2014, in the borough.

John P. Simon, 45, of Mahanoy City, had been charged with conspiracy and attempted possession of a controlled substance. Mahanoy City police had charged Simon with committing his crimes on Aug. 14, 2014, in the borough.

Each defendant had been scheduled to go to trial during the two-week February criminal court term, which is scheduled to begin Feb. 1.


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