County Prosecutor

February 23 Steven Gummerson, age 24, of Wharton, was convicted of fourth-degree Possession of an Imitation Firearm for an Unlawful Purpose after a two-day trial before the Honorable Thomas Critchley, J.S.C. The charge stemmed from Gummerson’s involvement in an altercation at a Ryerson Avenue residence on Nov. 5, 2006. Gummerson went to the residence to speak with his ex-girlfriend, and became involved in a verbal dispute with several people at the residence. As he was leaving, Gummerson removed an Air-Soft pellet gun from his car, cocked the gun, and stated “what’s up now” to one of the residents. The victim did not know if the gun was real and the police were called. Sentencing is scheduled for next month. Gurnmerson faces up to 18 months in state prison in connection with this conviction. An indictment charges Glen Alonzo Mays, age 33, formerly of Newton, with Attempted Murder, a first degree crime, Aggravated Assault, a crime of the second degree, Aggravated Assault, a crime of the third degree and Possession of a Weapon with the purpose to Use It Unlawfully Against the Person of Another, a crime of the third degree. The case was investigated by the Newton Police Department and the Sussex County Prosecutor’s Office. On Sept. 16, 2004 Darrell Trent was stabbed in the chest, allegedly by Mays, sustaining serious injuries. A warrant for Mays’ arrest was immediately issued, however, Mays was not apprehended until November 2006 when he was arrested in Newport News, Va. The case was presented to the Grand Jury by Assistant Prosecutor Michael W. Briegel. Arraignment before the Superior Court in Newton will be within the next 6 weeks. Sheena Sanders, age 21, of Vernon, was sentenced to two years probation, five days SLAP, mandatory fines and penalties. She pled guilty on Jan. 8 to Removing Evidence, a fourth degree crime. She admitted to flushing drugs down the toilet as police responded to a 911 call regarding a possible overdose. An indictment charges Edward A. Mundt, age 37, of Elmwood Park, with Murder, a first degree crime, Desecration of Human Remains, a second degree crime, and Hindering Apprehension, a third degree crime. The case was investigated by the Vernon Police Department and the Sussex County Prosecutor’s Office. On June 16, 2006 the body of John E. Mitchell of Saylorsburg, Pa. was discovered near County Route 667 in Vernon Township by the Sussex County Road Department. The crimes allegedly occurred on June 8-9, 2006. The case was presented to the Grand Jury by Assistant Prosecutor Michael W. Briegel. Arraignment before the Superior Court in Newton will be within the next six weeks. A Grand Jury indictment is a charge only. The defendant is presumed innocent until guilt may be proved at a jury trial. Dale J. Corcoran, age 19, of Vernon, was sentenced to four years State Prison, was given credit for 88 days served and must serve 85 percent of his sentence under the No Early Release Act before being considered for parole. He must pay total fines and penalties of $205 and submit a DNA sample at his expense. He pled guilty on July 31, 2006 to robbery, a second degree crime. On March 19, 2006 in Vernon, the defendant attempted to take a gas station attendant’s roll of money when the attendant asked for payment for gas purchased. Sussex County Prosecutor David J. Weaver announced the entry of a guilty plea to an accusation before the Honorable Thomas J. Critctdey, Jr., J.S.C. at the Sussex County Courthouse in Newton on February 26 by Mario R. Schiavone. Schiavone, age 25, of Bronx, NY pled guilty to four (4) counts of theft and one count of receiving stolen property, all 3rd degree crimes. Sentencing is presently anticipated for April 20. On December 12, 2006 Schiavone and a co-defendant took several items from the Shop-Rite in Franklin without paying for them. Schiavone also took items from Mac & Lindy’s Fine Wines, Beer & Sprits and Eckerd Pharmacy in Vernon Township without paying for them. Their vehicle was subsequently stopped in Vemon Township where the merchandise was found in the vehicle and no receipts could be provided by either individual. Schiavone was represented by Kevin McLaughlin, Esq. and the State was represented by Assistant Prosecutor Robert L Klingenburg. February 26 Ralph T. Smith, age 33, of Montague, pled guilty to Theft, a third degree crime, and Endangering the Welfare of a Child, a second degree crime. Sentencing is scheduled for April 20. Smith admitted that on April 24, 2006, he drove to the Gasarama gas station in Sandyston Township. After purchasing a quantity of gas, Smith asked the attendant for change of a $100 bill. Smith took five $20 bills from the attendant without exchanging the $100 bill he claimed to have and fled the scene in his vehicle. Smith then picked up his four-year-old stepdaughter from her after-school program. A subsequent motor vehicle stop in Frankford Township revealed that Smith was intoxicated with the four-year-old girl in the car. Smith also pled guilty to a motor vehicle summons charging Driving While Intoxicated. February 27 The Sussex County Grand Jury handed up two indictments against Martin Gibbs, age 42, formerly of Sparta. The first charges Gibbs with the fourth degree crime of failing to comply with Megan’s Law by failing to re-register a change of address with the Sparta Township Police Department. It is alleged that on or about October 24, 2006, Gibbs moved from the Town of Newton to the Township of Sparta and failed to register as a convicted sex offender with the Sparta Township Police Department. The second indictment charges Gibbs with the fourth degree crime of failing to comply with Megan’s Law by failing to notify the Sparta Township Police Department that he was moving to new address. Gibbs was also indicted for two counts of the fourth degree crime of violating the conditions of a special sentence of Community Supervision for Life having been convicted of a sex offense requiring community supervision for life. It is alleged that between Oct. 31, 2006 and Nov. 16, 2006 that Gibbs moved from the Township of Sparta without first notifying the Sparta Township Police Department ten days prior to leaving as required by Megan’s Law. It is also alleged that Gibbs violated the terms of his community supervision for life by failing to report to his parole officer as required, failing to live at an approved residence, failing to obtain permission from his parole office prior to moving and failing to obtain permission from his parole officer prior to leaving the State of New Jersey. The case was investigated by Det. Lt. Michael Richards of Newton Police Department, Det. Terrence Mulligan and Det. Marc Rubino of the Sparta Township Police Department and Parole Officer Michael Marino of the Department of Corrections - Parole Divison. The case was presented to the Grand Jury by Assistant Prosecutor Robin Lawrie. Arraignment before the Superior Court in Newton will be within the next six weeks. A Grand Jury indictment is a charge only. The defendant is presumed innocent until guilt may be proved at a jury trial. An indictment charges Tracy L. Pulido, age 35, of Wantage, with the fourth degree crime of providing false information to police with the purpose to implicate another. The case was investigated by Troopers An and Krisanda of the State Police and Sgt. Mark Tomasula of the Sussex County Jail. The case was presented to the Grand Jury by Assistant Prosecutor Robin Lawrie. Arraignment before the Superior Court in Newton will be within the next six weeks. A Grand Jury indictment is a charge only. The defendant is presumed innocent until guilt may be proved at a jury trial. Two indictments charge Robert H. Fedder, III, age 19, of Franklin with two counts of the fourth degree crime of failing to comply with Megan’s Law by failing to re¬register a change of address with the local police department. It is alleged that between April 14 and April 25, 2006, Fedder moved from Andover Borough to the Township of Vernon and did not register his new address with the Vernon Township Police Department as required under Megan’s Law. It is also alleged that between May 22 and June 7, 2006, Fedder moved from East Orange to the Borough of Franklin and did not register his new address with the Franklin Police Department. The case was investigated by Det. Jason Garrigan of the Sussex County Prosecutor’s Office, Det. Thomas Zabriskie of the Vernon Township Police Department and Ptl. Carl Douma of the Franklin Police Department. The case was presented to the Grand Jury by Assistant Prosecutor Robin Lawrie. Arraignment before the Superior Court in Newton will be within the next 6 weeks. A Grand Jury indictment is a charge only. The defendant is presumed innocent until guilt may be proved at a jury trial. February 26 Ralph T. Smith, age 33, of Montague, pled guilty to Theft, a third degree crime, and Endangering the Welfare of a Child, a second degree crime. Sentencing is scheduled for April 20. Smith admitted that on April 24, 2006, he drove to the Gasarama gas station in Sandyston Township. After purchasing a quantity of gas, Smith asked the attendant for change of a $100 bill. Smith took five $20 bills from the attendant without exchanging the $100 bill he claimed to have and fled the scene in his vehicle. Smith then picked up his four-year-old stepdaughter from her after-school program. A subsequent motor vehicle stop in Frankford Township revealed that Smith was intoxicated with the four-year-old girl in the car. Smith also pled guilty to a motor vehicle summons charging Driving While Intoxicated. Matthew Dennison, age 20, of Chester, New York, pled guilty to theft, a fourth degree crime. Sentencing is scheduled for March 30. He admitted that while he was employed as a security guard at Tall Timbers Campground, he stole approximately $300 in cash from a small safe box. Daniel O’Neill, age 23, of Newton, was sentenced to two years probation, 142 days in jail, $1,205 in fines and a six month loss of driver’s license. He pled guilty on Jan. 8 to third degree possession of heroin. He admitted that he possessed several small bags of heroin on Oct. 4, 2006 in the Borough of Hopatcong. Jeffrey Fleece, age 25, of Sussex, pled guilty to third degree possession of heroin, DWI and driving while suspended. He is scheduled for sentencing on April 27. He admitted to possessing heroin on Dec.28, 2006 in Franklin and that he was under the influence of alcohol and had no driver’s license at the time he was stopped by Franklin Police Officer Leo Kinney. David Wright, age 26, of Wayne, pled guilty to burglary and theft, both are third degree crimes. Sentencing is scheduled for April 30. He admitted to breaking into a home in Vernon Township and stealing $5,000 worth of personal property. February 27 The Sussex County Grand Jury handed up two indictments against Martin Gibbs, age 42, formerly of Sparta. The first charges Gibbs with the fourth degree crime of failing to comply with Megan’s Law by failing to re-register a change of address with the Sparta Township Police Department. It is alleged that on or about October 24, 2006, Gibbs moved from the Town of Newton to the Township of Sparta and failed to register as a convicted sex offender with the Sparta Township Police Department. The second indictment charges Gibbs with the fourth degree crime of failing to comply with Megan’s Law by failing to notify the Sparta Township Police Department that he was moving to new address. Gibbs was also indicted for two counts of the fourth degree crime of violating the conditions of a special sentence of Community Supervision for Life having been convicted of a sex offense requiring community supervision for life. It is alleged that between Oct. 31, 2006 and Nov. 16, 2006 that Gibbs moved from the Township of Sparta without first notifying the Sparta Township Police Department ten days prior to leaving as required by Megan’s Law. It is also alleged that Gibbs violated the terms of his community supervision for life by failing to report to his parole officer as required, failing to live at an approved residence, failing to obtain permission from his parole office prior to moving and failing to obtain permission from his parole officer prior to leaving the State of New Jersey. The case was investigated by Det. Lt. Michael Richards of Newton Police Department, Det. Terrence Mulligan and Det. Marc Rubino of the Sparta Township Police Department and Parole Officer Michael Marino of the Department of Corrections - Parole Divison. The case was presented to the Grand Jury by Assistant Prosecutor Robin Lawrie. Arraignment before the Superior Court in Newton will be within the next six weeks. A Grand Jury indictment is a charge only. The defendant is presumed innocent until guilt may be proved at a jury trial. An indictment charges Tracy L. Pulido, age 35, of Wantage, with the fourth degree crime of providing false information to police with the purpose to implicate another. The case was investigated by Troopers An and Krisanda of the State Police and Sgt. Mark Tomasula of the Sussex County Jail. The case was presented to the Grand Jury by Assistant Prosecutor Robin Lawrie. Arraignment before the Superior Court in Newton will be within the next six weeks. A Grand Jury indictment is a charge only. The defendant is presumed innocent until guilt may be proved at a jury trial. Two indictments charge Robert H. Fedder, III, age 19, of Franklin with two counts of the fourth degree crime of failing to comply with Megan’s Law by failing to re¬register a change of address with the local police department. It is alleged that between April 14 and April 25, 2006, Fedder moved from Andover Borough to the Township of Vernon and did not register his new address with the Vernon Township Police Department as required under Megan’s Law. It is also alleged that between May 22 and June 7, 2006, Fedder moved from East Orange to the Borough of Franklin and did not register his new address with the Franklin Police Department. The case was investigated by Det. Jason Garrigan of the Sussex County Prosecutor’s Office, Det. Thomas Zabriskie of the Vernon Township Police Department and Ptl. Carl Douma of the Franklin Police Department. The case was presented to the Grand Jury by Assistant Prosecutor Robin Lawrie. Arraignment before the Superior Court in Newton will be within the next 6 weeks. A Grand Jury indictment is a charge only. The defendant is presumed innocent until guilt may be proved at a jury trial. A grand jury indictment charges Brian A. Curry, age 19, of Highland Lakes, with two counts of fourth degree possession of a controlled dangerous substance. The case was investigated by Patrolman D. Scudieri of the Vernon Township Police Department. The Grand Jury alleges that on Oct. 19, 2006, after a routine motor vehicle stop in which the defendant was a passenger in the vehicle, he was placed under arrest for underage alcohol consumption. While being searched at Vernon Police Department, he was found to be in possession of Lexipro and Seroquel. A Grand Jury indictment is a charge only. The defendant is presumed innocent until guilt may be proved at a jury trial. A grand jury indictment charges Glenn R. Sawyer, age 21, of Jackson, with second degree burglary and third degree theft. The case was investigated by Patrolman G. Mancuso of the Hopatcong Borough Police Department. The Grand Jury alleges that on October 18, 2006 in Hopatcong, Sawyer took a gun, ammunition and magazines from a home where he had been an overnight guest. A Grand Jury indictment is a charge only. The defendant is presumed innocent until guilt may be proved at a jury trial. A grand jury indictment charges David Toth, age 40, of Montague, with third degree violation of firearms regulatory provisions. The case was investigated by Det. Sgt. E. Baumgarten of the New Jersey State Police. The Grand Jury alleges that on Feb. 18, 2006, Toth attempted to purchase a handgun at Simon Peter Sports in Newton, and it was learned that he falsified information on the application required to make the purchase. A Grand Jury indictment is a charge only. The defendant is presumed innocent untiLguilt may be proved at a jury trial. A grand jury indictment charges Christopher A. Apostola, Jr., age 19, of Newton, with second degree possession of a weapon for an unlawful purpose, third degree unlawful possession of a weapon and fourth degree aggravated assault. The case was investigated by Patrolman T. Muller of the Town of Newton Police Department. The Grand Jury alleges that on May 2, 2006 Apostola pointed and fired a pellet gun at the passenger side of a car at the intersection of Water Street and North Park Drive in Newton. A Grand Jury indictment is a charge only. The defendant is presumed innocent until guilt may be proved at a jury trial. March 1 A juvenile was sentenced after pleading guilty to burglary and unlawful possession of a handgun, both third degree crimes. He/She was adjudicated a juvenile delinquent by the court. The juvenile, age 17, of Ogdensburg, was sentenced to two years probation with two years in the custody of the Juvenile Justice Commission, suspended sentence. The juvenile was also ordered to serve 60 days in the Juvenile Detention Center with the balance suspended. He/She must pay restitution to the victim of $400, follow all home and school rules, submit a DNA sample, complete 100 hours of community service, undergo random drug testing, have no contact with co-defendants, testify truthfully against all co-defendants and complete an anger management program. The juvenile, along with one juvenile co-defendant, broke into the home of the victim taking a hand gun, jewelry and a lap top computer. A juvenile was sentenced after pleading guilty to third degree burglary. He/She was adjudicated a juvenile delinquent by the court. The juvenile, age 15, of Wantage, was sentenced to three years probation on condition that he/she serve 60 days in the Juvenile Detention Center with 44 days credit and the balance suspended. The juvenile must also have no contact with co-defendants, testify truthfully against co-defendants, follow all home and school rules, complete 75 hours of community service and submit a DNA sample. The juvenile, along with several other adult and juvenile co-defendants, broke into the home of the victim damaging a doorway and taking a gun. A juvenile was sentenced after pleading guilty to third degree False Public Alarm and fourth degree Criminal Trespass. He/She was adjudicated a juvenile delinquent by the court. The juvenile, age 15, of Vemon, was sentenced to 12 months probation on condition that he/she serve 10 days in the juvenile detention center with six days suspended. He/she must also complete 35 hours of community service, follow all home and school rules, have no contact with other probationers, submit a DNA sample and undergo random drug testing. In January the juvenile pulled the fire alarm at Sussex County Technical School causing the school to be evacuated. In February the juvenile did not follow the proper procedure for visiting a school when not enrolled as a student in that school anymore. March 2 David Washer, age 22, of Newton, was sentenced to two years probation on condition that he receive a TASC evaluation and follow all recommendations, loss of driver’s license for 6 months, submit a DNA sample and pay a total of $1,205 in court fines/fees. He pled guilty on Jan. 16 to third degree possession of cocaine. He had been in possession of two vials of cocaine while a passenger in a vehicle that was stopped for violations. Shannon Heath, age 32, of Sussex, was sentenced to two years probation on condition that she complete Sunrise House and aftercare, serve seven days in the county jail with seven days credit, submit DNA sample, six month loss of driver’s license, no illegal drug use and pay fines/fees totaling $1155. She pled guilty on Jan. 16 to obtaining a controlled dangerous substance by fraud, a third degree crime. She admitted to obtaining hydrocodone by calling Eckerd Pharmacy in Hamburg and representing herself to be a doctor’s office. Andrew Darezzi, age 51, of Franklin, was sentenced to one year probation and 15 days community service.. He pled guilty on March 2 to Shoplifting, a third degree crime. He admitted to stealing a 32” TV from Walmart. The TV was returned. James G. Walker, age 58 of Stillwater, was sentenced to four years in State Prison. Defendant must register under Megan’s Law and submit a DNA sample. Fines and costs are in the amount of $155. He pled guilty on May 11, 2006 to one count of Sexual Assault, a second degree crime. Between February 1987 and February 1991 the defendant touched the intimate areas of a female victim who was less than 13 years of age, for his own sexual gratification. Dennis W. Zour, age 40, of Garfield, was sentenced to three years in State Prison. Defendant must register under Megan’s Law and Parole Supervision for Life. Defendant must submit a DNA sample. Fines and costs are in the amount of $1,250. He pled guilty on Oct. 31, 2006 to Endangering the Welfare of a Child, a third degree crime and Criminal Sexual Contact, a fourth degree crime. On May 20, 27 and 28, 2006, the defendant while watching the female victim, who was under 16 years of age, touched her intimate parts for his sexual pleasure and satisfaction. March 5 Leslie A. Fischer, age 42, of Vernon, pled guilty to three counts of obtaining a controlled dangerous substance, all third degree crimes. Sentencing is scheduled for April 16. She admitted to stealing a prescription pad and writing and filling several prescriptions for Percocet. Dwayne Finklea, age 49, of Newton, pled guilty to a charge of certain persons not to have weapons, a fourth degree crime. Sentencing is scheduled for March 30. On Feb. 18, 2006 in Newton, the defendant was seen carrying a rifle from one residence to another, claiming he was giving it to a friend. He was on parole at the time of the incident and weapons possession is a violation of parole. Frank O. France, age 39, of Franklin, pled guilty to one count of Child Abuse, a fourth degree crime. Sentencing is scheduled for April 27. Defendant operated a motor vehicle while under the influence of an alcoholic beverage with two minor children in the vehicle. Christopher Rocco, age 22, of Newton, pled guilty to two counts of criminal mischief, one a fourth degree crime and one a third degree crime. Sentencing is scheduled for May 4. On March 11, 2004, in Sandyston, Rocco was involved in a road rage incident and he hit his fist on the victim’s car causing a dent and damage in excess of $500. On Sept. 8, 2006, in Sussex Borough, he and a co-defendant got into a fight with another person, and both defendants damaged the victim’s vehicle, that damage estimate was approximately $4,000.