2013-10-31 / Local & State

Couple Sentenced In Heroin Sales

By Chanin Rotz-Mountz

Gary Malott Gary Malott A Warfordsburg area couple was sentenced this week in connection with the sale of heroin in their home to a Pennsylvania State Police confidential informant.

Gary Eugene Malott and Beverly Ann Delade of 1708 Quarry Hill Road appeared before Fulton County Court of Common Pleas Judge Angela R. Krom Tuesday for sentencing on criminal charges that were filed locally by an undercover state police officer on August 6.

Malott’s appearance was a continuance from two weeks earlier, noted Judge Krom, who learned that Malott’s request for admittance into the Teen Challenge Program was finally granted. “If I craft a sentence that allows you into the program, what is your commitment level,” Krom asked the defendant.

Malott, 32, responded, “I’ll be in it for the long haul ... If I don’t complete it, it won’t do anything but put me back into the system.”

Beverly Delade Beverly Delade He went on to add that it was an “all or nothing” situation.

The judge ordered Malott to complete 54 months of intermediate punishment, which is to begin with a period of incarceration in the Franklin County Jail. However, Malott was granted time served. Once transportation arrangements are made, he is to be taken to the Teen Challenge program, a long-term, drug-addiction program.

Further- more, Malott is required to successfully complete the requirements set forth through Teen Challenge. Restitution totalling $800 is owed to the Pennsylvania State Police for drug buy money as well as $1,100 in fines to Fulton County.

On the heels of Malott’s sentencing on one count each of delivery of a controlled substance, possession of a controlled substance and possession with intent to deliver, Delade was brought forward to answer to one count of delivery of a controlled substance.

Fulton County District Attorney Travis Kendall pointed out Delade’s case was a companion case to Malott’s cases as the couple sold heroin out of the home they share with their 6-year-old daughter. As a result of the involvement of a child, defense attorney Philip Harper requested the court allow Delade, 42, to undergo electronic monitoring instead of jail time to allow her to care for her daughter.

Kendall countered that while the case is certainly a “tragedy,” a message should be sent to the community regarding the “adverse” consequences of selling heroin.

The judge followed through with imposing a sentence of incarceration, pointing out that Delade was observed in her kitchen making up packets of heroin to be sold. It was again noted Delade shared the home with her daughter, who was also on hand for court proceedings Tuesday.

“You have an obligation to the court and the community to go through with the deal you made,” the judge said.

Delade was remanded to the Fulton County Sheriff’s Department to begin a sentence of 24 months restrictive intermediate punishment. The sentence will begin with three months incarceration with work release in the Franklin County Jail. Once released, she will complete 40 hours of community service. Restitution in the amount of $300 to the state police for drug buy money was ordered as well as a $300 fine.

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