2011-04-28 / Local & State

Judge Krom Presides Over April 19 Session Of Court

Four individuals sentenced
By Chanin Rotz-Mountz
STAFF WRITER

Judge Angela Rosenberry Krom of the 39th Judicial District of the Fulton County Court of Common Pleas presided over a court session held at the Fulton County Courthouse on Tuesday, April 19.

 Mercersburg resident Kayla Caroline Frisby appeared for sentencing on one count each of unauthorized use of a motorized vehicle and criminal trespassing.

Fulton County Public Defender Tamela Bard told the court that during Frisby’s recent incarceration she has been able to complete a variety of classes such as anger/stress management and job skills and is currently enrolled in a victim impact class. She has also been working six days per week in the county prison’s laundry department.

Judge Krom noted she was having difficulty imposing a local sentence due to the number of opportunities the 22-year-old woman had received. However, she sentenced Frisby to between six and 18 months in the Franklin County Prison for trespassing and an additional 1 to 5-1/2 months for unauthorized use of a motor vehicle. She will be paroled on approval of a home plan.

Frisby was also ordered to complete 50 hours of community service, 18 months probation and participation and completion of the Day Reporting Center as well as seeking and maintaining fulltime employment. Fines tallied $100.

Charges against Frisby stem from an incident on December 24, 2010, when she entered a McConnellsburg home located at 2382 Back Run Road. The Franklin County woman removed a set of car keys and drove away with a Wii gaming console that was a Christmas gift.

Frisby also appeared in court for a probation/paroleviolation hearing and was or- dered to 30 months probation, 50 hours community service and participation and completion of the Day Reporting Center. She was also ordered to pay $13,300 in restitution and $250 to Fulton County.

 Juan Antonio Nipper Sr., of Needmore was sentenced on one count of simple assault after grabbing a male juvenile on January 3, 2011, and throwing him into a cabinet. Nipper, according to police reports, also punched the youth in the face after he refused to wash dishes.

Having already spent 27 days in the Franklin County Prison for the incident, the 31- year- old was given a time-served sentence as recommended by the Fulton County Probation Department. He will, however, undergo anger management; pay $150 in fines and a $25- per-month supervision fee; and complete 30 hours of community service.

 Waterfall area resident Bradley James Sweger remains free on unsecured bail pending an appeal of his recent jury conviction on charges of terrorstic threats, simple assault and recklessly endangering another person. Fulton County District Attorney Travis Kendall noted the incident between Sweger and his neighbor’s brother, Bob Baughman, is over a lane or boundary dispute that was previously settled in a civil suit. The disputes have continued to persist, though, and Kendall referred to Sweger’s behavior as childish and hateful.

Defense attorney Erin Zimmerer said a conviction on the charge of terroristic threats would become an issue with Sweger’s job as a TSS. She referred to Sweger as an “upstanding citizen” In his own defense, Sweger told the judge he was confused why Baughman’s family continues to stop on Cold Water Road even after court papers were issued in the matter. Sweger added he is being stalked as has been photographed and videotaped on his own property.

Reviewing Sweger’s criminal history, Krom made reference to three prior convictions for summary harassment. What troubled her most was that Sweger didn’t take time to give positive comments about his life, but used his time in court to make negative comments about the victims in the case.

“You need to learn to coexist,” she concluded before sentencing Sweger to complete six months in Franklin County Prison for terroristic threats A concurrent or simultaneous sentence of six to 12 months was imposed for the additional counts. He is prohibited from owning or possessing a firearm and contacting Baughman. Fines were tallied at $500 as well as a $25-per-month supervision fee.

 Skyler Alan Vincenti, of Bridgeville, Del., will be evaluated by the state Department of Corrections to determine if he is eligible to participate in the State Intermediate Punishment program. Vincenti, 20, had previously entered a plea of guilty to theft by unlawful taking in connection with the theft of a .17 HMR Marling with a Simmons scope on December 29, 2010. The long gun had been kept in the rear of an unlocked truck that was parked at the victim’s home and on Lincoln Way in McConnellsburg.

Vincenti admitted he was using drugs at the time he stole the weapon, and it was likely he would have sold the gun for additional drugs.

 John William Decyk III, of Mercersburg appeared for mandatory arraignment on charges of operating a vehicle without required financial responsibility and a valid inspection sticker, driving an unregistered vehicle, the use or possession of drug paraphernalia and possession of a small amount of marijuana. The 27-year- old man pleaded not guilty to all charges, and he will reappear in court on July 12 for call of the criminal trial list.

 Denelle Nicole Fortson, of Mount Union pleaded not guilty to three counts of of driving under the influence of a controlled substance and one count each of possession of a small amount of marijuana, possession of a controlled substance, public drunkenness, careless driving and the use or possession of drug paraphernalia. Fortson, 37, will appear in court for call of the criminal trial list scheduled for July 12.

 Dequan Levi Henshaw, 21, of Philadelphia failed to appear in court for mandatory arraignment on charges of receiving stolen property and driving without a license. A bench warrant was issued for his arrest.

 Greencastle resident Tracy Sue Lewis appeared for mandatory arraignment on charges of flight to avoid apprehension, trial or punishment and false identification to law enforcement authorities. Lewis, 36, entered a plea of not guilty and will return on July 12 for call of the list.

 Dennis Wayne Hockenberry of Everett appeared in court for a probation/paroleviolation hearing and was committed to the Franklin County Prison for 60 days. Credit was granted for 10 days previously served.

Hockenberry will also complete 30 hours of community service and drug and alcohol treatment. Fines imposed include $113 in lab user fees, $100 to the Substance Abuse Fund, a $25- per-month supervision fee and a $100 fine.

 Nathan Duvall of Fort Littleton appeared with defense attorney Trudy Mintz for call of the criminal trial list last Tuesday. Duvall pleaded guilty to possession with intent to deliver. He will be sentenced on June 28 following the completion of a presentence investigation report by the Probation Department.

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