2011-09-08 / Local & State

Court Session Held August 30

By Chanin Rotz-Mountz
STAFF WRITER

Judge Shawn D. Meyers of the 39th Judicial District of the Fulton County Court of Common Pleas presided over a court session at the Fulton County Courthouse on Tuesday, August 30.

 Steven Craig Carnell, 26, of Warfordsburg, appeared in court last Tuesday to discuss the status of his obtaining an attorney for court proceedings related to two counts of driving under the influence and one count each of driving an unregistered vehicle, disregard of a single traffic lane, careless driving, accidents damaging an unattended vehicle or property and failure to notify police.

After arriving almost one hour late for court proceedings, Carnell noted he contacted several defense attorneys but was unable to afford their services. Carnell stated he wanted resolution in the matter and pleaded guilty to one count of drunk driving.

In outlining the evening of his arrest, Carnell said he had been drinking when a man confronted him to lure him into a fight. Following the altercation, he got into his vehicle and left the party but didn’t drive far before his vehicle began to shudder. Carnell was unsure whether he may have struck any vehicles when he left the party and eventually admitted it was 100 percent possible he hit his friend’s vehicle.

Sentencing in the matter has been scheduled for September 20.

 Jeffrey Lee Sipes, Mc- Connellsburg, appeared for sentencing on two counts of unlawful taking or killing of big game and one count each of possession of an instrument of crime and the use or possession of drug paraphernalia. In explaining his involvement as it related to each charge, Sipes, 52, said he was hunting and should not have been in a possession of a gun. A bowl for smoking marijuana was also found during his arrest, and a search by Pennsylvania Game Commission officer revealed two deer.

In connection of possessing an instrument of crime, the judge ordered Sipes to complete 18 months through the Intermediate Punishment Program. Participation will begin with 90 days of electronic monitoring and house arrest, which carries a $15 hook-up fee and a $8 daily monitoring fee. Drug and alcohol treatment was recommended, and Sipes must also complete 80 hours of community service. Fines of $100 will be paid to Fulton County as well as a $ 25 monthly supervision fee. Sipes will again be prohibited from possessing, owning or transferring a firearm.

On one count of the use or possession of drug paraphernalia, Sipes will complete an additional six months of probation. He will pay $239 in lab user fees, $100 to the Substance Abuse Fund and a $25-per-month supervision fee.

Simultaneous with the sentence imposed for possessing an instrument of crime, Sipes will complete three months probation for the first count of the unlawful taking or killing of big game. A fine of $250 to Fulton County was imposed as was a $25 monthly supervision fee. The final count of unlawful taking or killing of big game brought about a $1,000 fine.

 McConnellsburg resident Richard Michael Barnett appeared for formal arraignment on one count of possession of a controlled substance. The 38-year-old entered a plea of not guilty and will next appear in court for call of the list currently scheduled for October 11.

 William Alexander Diamond, 41, of Greencastle, was granted a continuance until September 6. Diamond, according to Fulton County District Attorney Travis Kendall, fell during the morning prior to court and was taken to the hospital for treatment. Charges against Diamond include one count each of delivery of a controlled substance, possession of a controlled substance, possession of a small amount of marijuana, the use or possession of drug paraphernalia, turning movements and required signals, careless driving and two counts of driving under the influence of a controlled substance.

 Heather Elaine Johnson, Chambersburg, waived arraignment proceedings by mail on Tuesday. Johnson, 21, is currently charged with two counts of driving under the influence and one count each of improperly displayed plate, exceeding the 25-mileper hour speed limit in a residential district and careless driving.

 Hustontown resident Aaron Joseph Koons waived formal arraignment proceedings held on two counts of driving under the influence and one count each of careless driving and failure to wear a seat belt. The district attorney noted in outlining the details of Koons’ arrest, that the 28-year- old was stopped in the McConnellsburg Borough while travelling at a high rate of speed on April 21. Koons, said Kendall, performed “poorly” in field sobriety tests and had a .149 percent blood alcohol content.

Koons was ordered to complete 12 months probation through the Accelerated Rehabilitative Disposition ( ARD) program and 30 hours of community service. He will lose his driving privileges for a period of 30 days.

 Lance Joshua Mellott, 26, Harrisonville, entered a plea of guilty to one count of receiving stolen property. Mellott told Judge Meyers between April 28 and 29 a friend brought 10-inch disc plows to his home. Mellott was asked to cut up the discs for his share of the scrap metal.

A presentence investigation report will be completed by the Fulton County Probation Department. Sentencing has been set for November 1.

 Nancey Jane Powell, Warfordsburg, appeared in court for waiver of arraignment on two counts of hindering apprehension or prosecution. The 62-year- old woman entered a plea of not guilty. She will next appear in court for call of the list on October 11.

 Forty- seven-year- old Danny Charles Shoemaker, of Hancock, Md., waived arraignment on two counts of driving under the influence and one count each of disregarding a single traffic lane and careless driving.

In pleading guilty to driving under the influence, Shoemaker informed the court he was out riding around with a cooler of beer in his van when he had an accident on May 30. The van went onto an embankment and into a creek bed, but Shoemaker was able to climb out the window to safety. He added he called his wife to inform her of the accident, but she through he was trying to commit suicide and contacted the state police. His blood alcohol content at the time of his arrest was .164 percent. Sentencing was set for September 20.

 Crystal Spring resident Richard Paul Williams waived arraignment proceedings on one count each of possession of a controlled substance, possession of a small amount of marijuana, the use or possession of drug paraphernalia, driving an unregistered vehicle and illegal use of a plate or card. Williams pleaded not guilty and will next appear in court for call of the list on October 11.

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