Judge Morgan sentences defendants to state prison

Four defendants were sentenced to state prison Friday during sentence court proceedings before Judge William Morgan.

Derrick A. Shirley, 19, of 12 Carriage Dr., Youngsville, was sentenced to 27 months to 60 months in state prison for theft by unlawful taking.

According to Assistant District Attorney Elizabeth Feronti, Shirley has had multiple arrests every year since he was 15 and was written up six times, including for stealing from other inmates, during his most recent stay in Warren County Jail. Feronti said drugs can not be used as an excuse for his criminal behavior because "when he's in jail not doing the drugs he's doing the same things" he does when he is not incarcerated.

She suggested a state prison sentence in part because of the criminal history, and in part because "I'm sure the jail does not want him because he's been nothing but trouble."

Morgan told Shirley he was "getting an extra six months" because of the jail write-ups and going to state prison to "get you out of here."

In addition to the prison term, Shirley was ordered to pay court costs, restitution in the amount of $595, and a $75 fee.

Shannon Lemont Jones, 22, of Erie, was sentenced to 12 months to five years in prison with credit for 59 days served for possession with intent to deliver (1.9 grams). He is boot camp eligible and recidivism risk reduction incentive (RRRI) eligible.

"You sold cocaine to a confidential informant," Morgan told him.

Jones was also ordered to pay a $5,000 fine, a $75 fee, and undergo drug treatment.

Gary Allen Story, 56, of Kennedy, N.Y., was sentenced to 12 months to five years in prison, eligible for RRRI, a $1,500 fine, a $200 surcharge, $550 in fees, pay to attend the county's Alcohol Highway Safety School (AHSS) and Victim Impact Panel (VIP), undergo and follow up on drug and alcohol counseling and treatment, an 18-month drivers license suspension, and pay court costs, for DUI: highest rate of alcohol - second offense.

According to Feronti, the current charge is Story's sixth for DUI, his first in Pennsylvania, and there is another DUI charge pending against him.

Story's attorney, Douglas McCormick, said, " There's no question he has a drinking problem. If you remove the alcohol from the equation, he's a productive member of society."

McCormick said Story had not served more than two days in jail for any offense since 1979 when he was sentenced to 60 days.

"Only two days in jail for DUI?" Feronti said. "Maybe that's the problem."

Morgan agreed. "If you didn't learn your lesson after five times," he said, "this court doesn't know what's wrong."

Christopher A. Cross, 26, of 113 Conewango Ave., Apt. C2, was sentenced to 72 hours to six months in state prison, boot camp eligible, to be served consecutively to an existing state prison sentence, a $1,000 fine, $50 surcharge, $625 in fees, $696.19 in restitution, pay to attend AHSS and VIP, and a 12-month drivers license suspension, for DUI: highest rate of alcohol - first offense; and three to six months to be served consecutively, and court costs, for recklessly endangering another person.

The victim "is living with this," Morgan said. "You're going to live with this."

Also sentenced Friday were:

Raymond A. Aikins, 37, of 14 Lincoln Ave., to two years probation, attend healthy relationships program, continue drug and alcohol treatment, a $1,000 fine, $250 fee, 40 hours of community service, court costs, and have no contact with the victim, for simple assault.

Mark A. Bryerton, 46, of 335 E. Main St., Youngsville, to 48 hours to six months in jail, a $500 fine, $50 surcharge, $350 in fees, court costs, pay to attend AHSS and VIP, 15 hours of community service, and a 12-month drivers license suspension, for DUI: high rate of alcohol - first offense.

Timothy Cravener, 19, of 2824 Old Route 77, Box 3, Spring Creek, to one week to one year in Warren County jail, 20 hours of community service, $300 in restitution, a $75 fee, court costs, and a mental health evaluation, for theft by unlawful taking. Morgan said he would have sentenced Cravener to probation if he had had a place to live - one of the requirements of probation.

Shanee Lynn Elder, 31, of Titusville to 90 days to six months in jail, a $500 fine, $50 surcharge, $350 in fees, pay to attend AHSS and VIP, undergo a drug evaluation and follow-up on treatment recommendations, 15 hours of community service, a one-year drivers license suspension, and court costs, for DUI: high rate of alcohol - first offense; and one year probation to be served consecutively, court costs, and continue with drug and alcohol treatment, for possession of drug paraphernalia.

Lauralee Jean Groves, 47, of Corry to 72 hours to six months in jail, a $1,000 fine, $50 surcharge, $350 in fees, 15 hours of community service, pay to attend AHSS and VIP, a drug and alcohol evaluation and treatment, a 12-month drivers license suspension, and court costs, for DUI: general impairment with refusal - first offense; and a $25 fine and $30 surcharge, for careless driving.

Scott G. Kallmeyer, 52, of 205 Oneida Ave. to 57 days to one year in jail with credit for 57 days served, continue and pay for mental health treatment, and a $75 fine, for disorderly conduct.

Thomas Francis Keech, 34, of Warren State Hospital, to 53 days to six months in jail, with credit for 53 days served, court costs, continue mental health treatment, and no contact with the victim, for simple assault.

Daniel Lee Lester, 43, of 166 Crippen Hill Rd., Pittsfield, to intermediate punishment of 60 months including 90 days in jail, nine months house arrest with SCRAM monitoring, 48 months of supervision by adult probation, mental health counseling, a drug and alcohol evaluation, $2,500 fine, $350 in fees, $200 surcharge, 15 hours of community service, pay to attend AHSS and VIP, an 18-month drivers license suspension, and court costs, for DUI: highest rate of alcohol - third offense; $25 fine and $30 surcharge, for driving on roadways laned for traffic, and $25 fine and $30 surcharge, for duty to give information and render aid.

James T. Porter III, 24, of 119 N. South St., to two years probation, to be served consecutively to an existing sentence for parole revocation, pay for a $250 DNA test, $175 fee, one-year drivers license suspension, and court costs, for possession with intent to deliver. Morgan warned Porter that he faces up to 10 years in jail if he violates his probation.

Marc D. Riel, 27, of Cleveland, to 72 hours to six months in jail, a $1,000 fine, $50 surcharge, $625 in fees, 15 hours of community service, pay to attend AHSS and VIP, drug and alcohol treatment, a 12-month drivers license suspension, $15,755.09 in restitution, and court costs, for DUI: highest rate of alcohol - first; one to six months in jail to be served consecutively, and court costs, for each of two counts of recklessly endangering another person; and a $200 fine, $30 surcharge, and six-month drivers license suspension, for reckless driving.

Chris Allen Rudolph, 33, of 14 Franklin St., Apt. 2B, to a $300 fine, $75 fee, and court costs, for disorderly conduct.

Norman Joseph Sorensen, 25, of 5 Cottage Place, to four months to two years minus one day in jail, work release eligible, a $500 fine, $250 fee, and court costs, for receiving stolen property.