RIDGWAY--On Friday the 59th Judicial District addressed parole and probation revocations at the Elk County Courthouse in Ridgway. Billed as a miscellaneous day the courtroom jury docket was awash with orange jumpsuits as inmates at the Elk County Jail were brought before President Judge Shawn T. McMahon to address their cases. For the most part, many of the violations that the Elk County Probation Department reported came back to defendants testing positive for illegal substances while serving probation and parole sentences. This is a violation of the Court Imposed Sanctions (CIS) that many Elk County Probation and Parole defendants are held to account for the length of their probation or parole sentence.
The CIS checklist is lengthy and designed to provide a network to give probationers a clear path to success. Probationers must typically report to a probation officer. These officers are responsible for monitoring probationers, keeping track of their location, regularly meeting with them, and generally making sure the probationer is keeping up with the probation terms. When a person commits a crime that results in monetary or other harm to a victim, the court will usually impose a restitution condition as part of the probation sentence. The probationer must pay money to the victim to compensate for the damage the probationer caused. The amount of restitution differs depending on the amount of damage the victim suffered. Probation conditions might include community service requirements. The court can require a probationer to perform a specific number of hours of volunteer work with an organization that benefits the community.
Drug testing. Many probationers, especially those who committed crimes where drugs and alcohol were involved, will have to take random drug tests. Probation officers can order drug tests when they believe necessary. Probationers must typically maintain employment for the entire term of their probation. If they don't have a job at the time of being placed on probation, they must either find one or try to find one. People on probation must also submit to random searches by their probation officer. An officer can, for example, show up at a probationer's home and search for weapons or drugs at any time and the probationer must allow the officer in. In other words, a probationer does not have the same Fourth Amendment protections against unreasonable searches and seizures that non-probationers enjoy. Probationers must not commit more crimes while on probation, nor can they associate with known criminals. Also, probationers must notify their probation officer whenever they have any encounter with law enforcement officers, even if they are not arrested. They may also have to inform officers of their probation status any time they are questioned by the police.
Firearms. Those on probation for felonies cannot own a firearm or ammunition of any kind. Misdemeanor crimes can also result in probation orders that include firearms restrictions, especially when the crime involved domestic violence, weapons, drugs, or the use of force. Random drug testing at a parole officer or Judge's request is also required of probationers.
Brandon Paul Catalone, 37, from St. Marys racked up additional charges filed by the St. Marys Police Department and has been incarcerated since shortly after his probation began and has been unable to make required payments of restitution to his victims and was found to be in violation of his probation agreement. He is currently incarcerated on other charges so no additional jail time was assigned to him though the order to pay restitution of several hundred dollars is still in effect.
One of the most lengthy and complicated revocation hearings was held on Friday for William Jam Thompson Jr, 49, of Ridgway. Thompson's extensive criminal record is dominated by DUI and possession of illegal substance charges. His violations of Court Imposed Sanctions (CIS) included testing positive for illegal substances, failure to keep in contact with the Probation Department, acquiring new charges while on probation, attempting to flee from probation when officers turned up at his residence for a home check and making no payments for over a year as required by his restitution agreement. He was also subject to a bench warrant for his failure to appear in Elk County Court for a hearing on this case last year. However, several of his parole and probation sentences were timed out by the time the new charges were filed so those charges were dismissed, and he is currently in Elk County Prison on new charges and his parole was canceled based on his failure to comply with so many of the CIS guidelines. He will remain incarcerated through the new cases and serve out the remainder of his parole in jail.
John Paul Richards, 41, of St. Marys violated his probation through many violations of the CIS guidelines, by testing positive for illegal substances which make up the majority of his criminal history. He also failed to keep in contact with the probation department and missed many of his appointments as well as failed to register and complete Drug and Alcohol treatment. He will have the next several months in Elk County Prison to reconsider his mistakes as his original sentence was reimposed making for 90 days to 12 months of incarceration.
Daniel Joseph Cortina, 30, of Force, was not in contact with the Probation Department for over a year and a half before finally being picked up during a traffic stop by the PA State Police near the Walmart in Fox Township. He was out on parole after accepting a plea deal on Access Device Fraud and was originally sentenced to 90 to 589 days in jail over the charges. In an unusual circumstance, Cortina while not in contact with Probation still managed to pay off all his restitution while remaining off the probation schedule. Judge McMahon listened attentively to Cortina's professions that he was a changed man after he found out he had a year-old daughter and wanted to be left out of his sentence with time served of his original 93 days and his additional 51 days in Elk County Prison since his arrest shortly before Thanksgiving. Judge McMahon stated rather bluntly that he did not find Cortina credible and imposed the full sentence of 589 days, with credit for time served of 144 days on the defendant which appeared to be quite a shock to Cortina who slumped in his chair after hearing the resentencing order.
Gregory Allen Smeal, 64, of Osceola Mills was unable to be produced for court on Friday when, in violation of the Elk County Court request, the Clearfield Jail shipped Smeal off to state prison to begin serving a sentence that was handed down in Clearfield Court. Smeal has a lengthy criminal history spanning decades in Centre, Clearfield, and Elk Counties. along with a laundry list of aliases like Amy Smeal and Michael Shawn Peters. He will be next up for Elk County Court during the first return day on February 6.
