2013-10-17 / Local & State

Malott Sentencing Delayed

Drug delivery case continued until Oct. 29
By Chanin Rotz-Mountz

Gary Malott Gary Malott NEWS EDITOR

A Warfordsburg area man was granted a continuance this week to allow him additional time to secure enrollment in a longterm drugaddiction program.

Gary Eugene Malott of 1708 Quarry Hill Road stood before Fulton County Court of Common Pleas Judge Angela R. Krom Tuesday, October 15, for sentencing on one count each of delivery of a controlled substance, possession of a controlled substance and possession with intent to deliver.

The criminal charges stem from the alleged sale of heroin on several occasions this summer. Malott, 32, was arrested August 6 by Pennsylvania State Police troopers when he was travelling with a confidential informant back to Fulton County from Baltimore, Md. An affidavit in the case alleges drugs were located inside the center console of Malott’s impounded Hyundai in a hidden container resembling a bolt.

Through his attorney, Fulton County Public Defender Dwight Harvey, Malott requested a continuance to allow him additional time to secure a seat with the Teen Challenge program.

According to Harvey, several “glitches” were encountered in trying to get his client into the program since entry of a plea occurred in August. Harvey stated they have been unable to obtain a copy of Malott’s physical from the Franklin County Jail to submit to Teen Challenge. In addition, the Fulton County Probation Department has been unable to successfully contact program officials on repeated occasions regarding Malott’s admittance.

Furthermore, Harvey noted another “hang-up” was getting the sufficient funding together to meet the program’s application fee. Malott stated his “family and friends pulled together” to raise the $1,100 fee.

The judge stated the effort by those individuals was a “significant investment in Malott’s future.”

Fulton County District Attorney Travis Kendall assured Judge Krom the commonwealth would support Malott’s participation in Teen Challenge. Kendall added if Malott intends on overcoming his drug addiction, he will need to do so through a long-term program.

Confident both the defense and commonwealth were “working toward the same goal,” Krom ordered Malott’s sentencing be delayed until October 29.

Maximum combined penalty for the three criminal offenses is 31 years in prison and $505,000 in fines. Malott remains incarcerated in lieu of $75,000 bail in each of the three cases.

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