After a trial that ended prematurely due to arguments about evidence, Dean Vermeersch admitted Wednesday in Schuylkill County Court that he grew marijuana in his former Port Carbon residence on Nov. 28, 2012, the day that building and its neighboring one burned down.
As a result, Vermeersch will spend time in state prison, although not nearly as much as his former neighbors wanted.
Vermeersch, 54, of Kutztown, pleaded guilty to manufacture of a controlled substance, with prosecutors withdrawing all other charges against him, including three counts of recklessly endangering another person and one each of causing a catastrophe, possession with intent to deliver a controlled substance, possession of a controlled substance and possession of drug paraphernalia.
Judge Cyrus Palmer Dolbin sentenced Vermeersch to serve 16 to 32 months in a state correctional institution, pay costs, $100 to the Substance Abuse Education Fund, $50 to the Criminal Justice Enhancement Account and $289 restitution to the state police crime laboratory in Bethlehem, forfeit $1,242.20 to the Schuylkill County Drug Task Force and submit a DNA sample to law enforcement authorities.
"I would suggest that you write a letter of apology to the victims," Dolbin told Vermeersch, although he did not make that part of his sentence.
Vermeersch did not reply; in fact, he said little during the hearing except that he understood his plea agreement and that he entered into it knowingly and voluntarily.
The victims, Lamar and Katrina Staller and their daughter, Rebecca, accepted the plea agreement, although they expressed their frustration with the justice system.
"Justice was not served," Katrina Staller said.
Lamar Staller, who also believed Vermeersch should have gotten a longer sentence, made it clear they are dissatisfied with the system as a whole, not the district attorney's office.
"They did what was best," he said. "We didn't want to take a chance on losing. We're glad it's finally over with."
Schuylkill County detectives had charged Vermeersch with conducting the marijuana-growing operation at 233 N. Coal St. when the fire started there about 6:30 a.m. Nov. 28, 2012. The blaze destroyed his residence and the other half of the double house, 231 N. Coal St., which was the Staller family's home for 20 years.
Katrina Staller said the family has moved into a new home on the 231 N. Coal St. site.
Assistant District Attorney Keith D. Hoppes, who had tried the case with Assistant District Attorney Robert I. Lipkin, said the agreement was what prosecutors could get.
"I believe that was the best possible result we could have gotten," he said. "We got the most serious charge that was filed against him."
First Assistant District Attorney Maria T. Casey said she and Hoppes were prepared to try the case again if the Stallers had not been satisfied with the plea agreement.
"The Stallers were in agreement with that," she said. "As far as we were concerned, they were happy. We went out of our way to work with them."
Joseph D. Caraciolo, Harrisburg, Vermeersch's lawyer, said the agreement was the logical outcome for the case.
"This was a compromise that satisfied the government, the victims and Mr. Vermeersch," he said.
Caraciolo said his client already has served more than seven months in prison.
Vermeersch originally went on trial Feb. 10 before a jury and President Judge William E. Baldwin, with Hoppes and Lipkin prosecuting the case. However, Baldwin declared a mistrial on Feb. 24 after problems surfaced over the providing of evidence to Caraciolo.Defendant: Dean Vermeersch
Age: 54
Residence: Kutztown
Crime committed: Manufacture of a controlled substance
Prison sentence: 16 to 32 months in a state correctional institution