Carbon County Court — Sentencings
A Lehigh County man was sentenced to a state prison term on Friday on a charge of fleeing police.
He was one of six defendants who previously pleaded guilty to criminal charges to be sentenced in Carbon County court by Judge Joseph J. Matika.
Luis Joe Melendez Perez, 33, formerly of Norristown, Montgomery County, also had pleaded guilty to three counts of retail theft.
Matika sentenced him to serve one to 2 years on a charge of flight to avoid apprehension and one to 12 months on each of the theft counts. The theft terms run concurrent to each other but consecutive to the first count for a total sentence of 13 to 36 months. He was given credit for 274 days spent in prison to date on the charges. The sentence also runs concurrent with a 11 1/2 to 23 month term imposed in Montgomery County earlier this year.
He was charged by Mahoning Township police with entering the Walmart store on three occasions, May 18, 20 and 25, 2017, and removing items, mostly cans of baby formula. The flight to avoid apprehension, which is rated a felony 3, occurred on May 29 at Walmart.
Melendez Perez was also ordered to get both drug and alcohol and mental health evaluations, supply a DNA sample, render a total of 100 hours of community service when paroled, make total restitution of $905.82 and stay out of the Walmart store.
Penny Jo Zimmerman, 47, of Lehighton, was sentenced to serve 48 hours to six months in prison followed by five months and 28 days in the county’s Intermediate Punishment Program - house arrest. The first 28 days will be spent on electronic monitoring. She was arrested for driving under the influence on May 28, 2017, by Franklin Township police along Main Road. She refused a sobriety test.
She was also ordered to pay a fine of $750, have her license suspended for a year, zero tolerance for drug or alcohol use and render 25 hours of community service.
She will begin the jail term at 8 a.m. on July 8.
Matthew Ryan Berry, 28, of East Stroudsburg, was placed on probation for six months on a charge of persistent disorderly conduct. He was arrested following a traffic stop along Route 902 in Penn Forest Township by state police at Fern Ridge. A charge of prohibited offensive weapon was dropped in a plea agreement. Police found Berry with a stun gun.
He was also ordered to render 25 hours of community service.
James Robert Fenimore, 56, of Lehighton, was sentenced to serve 72 hours to six months in jail on a DUI charge. He
was arrested on Dec. 27, 2014, by Mahoning Township police along Route 443. A test revealed the presence of a controlled substance. He was previously placed in the county’s Accelerated Rehabilitation Disposition probation program but was revoked from it for violating conditions.
He was also ordered to pay a fine of $1,000, license suspended for a year and render 25 hours of community service.
He was given credit for two days already spent in jail on the charge. He will begin serving the remaining day on June 29 at 9 a.m.
Michael Allen Foust, 38, of Danville, Montour County, was sentenced to serve 72 hours to six months in jail, a fine of $1,000, one year license suspension and make restitution of $149.55. He was arrested for DUI on June 23, 2017, by state police at Fern Ridge along Interstate 80 in Kidder Township. A test revealed the presence of a controlled substance.
Foust is currently in federal custody for drug charges and is lodged in the Lycoming County prison.
Kim Osborn, 57, of Coaldale, was sentenced to serve 72 hours to 6 months in jail on a DUI count. She was arrested on Nov. 22, 2017, by Lansford police along Patterson Street. She also pleaded to endangering the welfare of a child. A juvenile was found in the vehicle. On that count she was placed on probation for a year, concurrent with the DUI charge.
She was also ordered to pay a fine of $1,000, license suspended for 18 months and render a total of 100 hours of community service. Her sentence is concurrent with a probation violation term she is serving in the county prison which she is scheduled to finish on June 25.
Each defendant must also pay court costs of about $1,000, pay a $50 per month supervision fee while on parole or probation and those charged with DUI must follow any recommendation of their drug and alcohol evaluation.
