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Criminal court, Dec. 23, 2013

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A Barnesville man is headed to state prison after being sentenced Thursday in Schuylkill County Court.

Nicholas J. Garulle, 23, must spend two to five years in a state correctional institution, Judge Cyrus Palmer Dolbin ruled.

"He's out of control," Dolbin said of Garulle just before imposing the sentence.

Dolbin sentenced Garulle after revoking his probation for the defendant's failure to report to his supervising officer, using drugs and being charged with committing other crimes.

Garulle had asked to be sent to a rehabilitation center for 18 months.

"I need more than help," he testified. "I'm the worst possible son I could be."

However, Dolbin rejected that request, saying it came too late.

"Everyone wants to get treatment after they've committed crimes," he said.

Garulle pleaded guilty on Nov. 14, 2012, to receiving stolen property. At that time, Dolbin placed the defendant on probation for 23 months consecutive to his current sentence, and also sentenced him to pay costs, $50 to the Criminal Justice Enhancement Account and $60 restitution, amounts he still must pay under the terms of Thursday's sentence.

State police at Frackville charged Garulle with receiving stolen property on March 2, 2012, in Delano Township.

Also on Thursday, Dolbin sentenced Sabrina Lawson, 36, of Mahanoy City, to serve six to 12 months in prison.

Dolbin imposed that sentence after revoking Lawson's probation following her admissions that she committed a new crime and used drugs.

Lawson originally pleaded guilty on July 24 to retail theft. At that time, Dolbin placed her on probation for 12 months, and also sentenced her to pay costs, a $50 CJEA payment and $90.04 restitution, amounts she still must pay under the terms of her new sentence.

Saint Clair police charged Lawson with committing the theft on Nov. 20, 2012, in the borough.

In another Thursday case, Ronald Miller, 62, of Hazleton, pleaded guilty to driving under suspension-DUI related.

Judge James P. Goodman accepted Miller's plea, ordered preparation of a presentence investigation and scheduled the defendant's sentencing for 2:30 p.m. Jan. 16, 2014.

McAdoo police had charged Miller with driving with the suspended license on Aug. 9 in the borough. Magisterial District Judge Stephen J. Bayer, Tamaqua, had found Miller guilty on Sept. 26, but the defendant appealed that ruling on Oct. 18.

In other criminal court action, a Schuylkill Haven man will be confined to his house after being sentenced Friday for selling drugs in November 2012 in Minersville.

Robert Fitzpatrick, 50, must spend 23 months in the intermediate punishment program, including nine on house arrest with electronic monitoring, under the terms of Judge James P. Goodman's sentence.

"If you violate any of the terms (of the program) you'll be going to jail," Goodman warned Fitzpatrick. "Stay completely out of the drug scene."

Goodman also sentenced Fitzpatrick to pay costs, $100 to the Substance Abuse Education Fund and $113 restitution to the state police crime laboratory in Bethlehem, and to submit a DNA sample to law enforcement authorities. He made the sentence effective on Jan. 2, 2014.

Fitzpatrick pleaded guilty on Oct. 17 to delivery of a controlled substance, with prosecutors withdrawing a charge of possession of a controlled substance.

Minersville police had charged Fitzpatrick with selling drugs on Nov. 20, 2012, in the borough.

Fitzpatrick originally took his case to trial, but that trial ended on Aug. 28 with a hung jury.

Also on Friday, Goodman sentenced Eugene W. Kane Jr., 27, of Pottsville, to spend two years in the state intermediate punishment program, which combines imprisonment with substance abuse treatment. Goodman's sentence also requires Kane to pay costs, a $100 SAEF payment and $452 restitution to the state police crime laboratory in Bethlehem, and to submit a DNA sample to law enforcement authorities.

"Good luck, Mr. Kane," Goodman told the defendant. "I hope you can successfully complete the program."

Kane pleaded guilty on Sept. 25 to four counts of possession with intent to deliver a controlled substance, three of possession of a controlled substance, two of delivery of a controlled substance and one each of criminal use of a communication facility, possession of a small amount of marijuana and possession of drug paraphernalia. The charges stem from four separate incidents.

Kane already is an inmate at State Correctional Institution/Camp Hill in Cumberland County, and Goodman conducted the sentencing hearing by video conference.

Goodman warned Kane that he could be removed from the program and resentenced if he failed to complete it successfully.

"You could be facing serious time in prison" if that occurred," Goodman said.

In another Friday case, Goodman dismissed an appeal filed by Carl E. Henderson, 56, of Baltimore, of a charge of accident involving damage to unattended vehicle or property.

He ruled Henderson filed the appeal too late, thereby depriving the court of jurisdiction.

Schuylkill Haven borough police had charged Henderson with causing the accident on March 1, 2012, in the borough. Magisterial District Judge James R. Ferrier, Orwigsburg, had found Henderson guilty on May 31, 2012, and the defendant did not appeal that ruling until Oct. 31, 2013.

As a result of the dismissal of the appeal, Henderson must pay costs and a $300 fine, Ferrier's original sentence.


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