County Prosecutor

June 22 Vincent Francis, age 40, of LKA Franklin, was indicted for third degree possession of methamphetamine. He is alleged to have possessed a trace amount of methamphetamine on June 30, 2005 in Franklin Borough which was discovered as the result of an investigation by the Sussex County Narcotics Task Force. The case was presented to the Grand Jury by Assistant Prosecutor Thomas Reed. Arraignment before the Superior Court in Newton will be within the next six weeks. An indictment charges Ernest Florio, age 59, of Branchville, with third degree possession of cocaine, third degree possession of heroin and fourth degree uttering a forged instrument. He is alleged to have possessed the drugs on Oct. 29, 2005 in Sparta Township following a motor vehicle stop by Police Officer William Moyle, and that the vehicle he was driving bore a forged New Jersey inspection sticker. The case was presented to the Grand Jury by Assistant Prosecutor Thomas Reed. Arraignment before the Superior Court in Newton will be within the next six weeks. The Sussex County Grand Jury handed up three indictments to the Honorable Thomas J. Critchley, JSC, at the courthouse in Newton. The first indictment charges Marquis K. Jackson, age 19, of Newton, Aimee Goritski, age 19, of Newton, Donte Lee, age 18, of Maryland and Alexander Moore, age 19, of the Bronx, N.Y. with two counts of Burglary, a second degree crime, two counts of Theft, a third degree crime, two counts of Criminal Mischief, third and fourth degree crimes. In addition Marquis Jackson was charged with Tampering with a Witness, a fourth degree crime and Criminal Contempt, a fourth degree crime. The second indictment, involving a separate matter, charges Marquis Jackson with Unlawful Possession of a Firearm, a third degree crime. Donte Lee was charged in the third indictment with Burglary a third degree crime and Theft, a fourth degree crime, in a separate incident. The cases were investigated by the New Jersey State Police and the Newton Police Department. The cases were 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. June 23 John R. Teague, age 26, of Newton, pled guilty to issuing a bad check, a 3rd degree crime, and to a disorderly persons offense of resisting arrest. Sentencing is scheduled for Aug. 4. In November of 2004, he placed an order for Christmas trees from a company in Canada and paid for them with a check in the amount of $6,000 on a dosed account. He was scheduled to appear in Superior Court on this charge on June 13 and failed to appear. A bench warrant was issued for his arrest for the non-appearance and when an Officer from the Sussex County Sheriffs Department tried to serve him with the arrest warrant he resisted. Larry D. McNabb, age 39, of Newton, was sentenced to 120 days in the Keogh-Dwyer Correctional Facility and two years probation. His driving privileges were suspended for six months and he must submit to a TASC evaluation and follow all recommendations. He must pay total tines and penalties of $1,205 and submit a DNA sample at his expense. He pled guilty on May 8 to possession of cocaine, a 3rd degree crime. He admitted to constructively and jointly possessing three small bags of cocaine following a motor vehicle stop on Feb. 19 by Sparta Police Officer Joseph Antonello. Michael S. Diaz, age 49, of Bushkill, Pa., was sentenced to two years probation. He must perform 150 hours of community service, continue outpatient treatment and serve 12 hours IDRC. His driving privileges were suspended for six months. He must pay total lines and penalties of $1,959 and submit a DNA sample at his expense. He pled guilty on May 15 to possession of heroin, a 3rd degree crime, and driving while intoxicated. He admitted to possessing nine bags of heroin and having consumed heroin while driving a motor vehicle in Stanhope on Dec. 18, 2005. Denton E. Kirk, age 20, of Greenville, N.Y., was sentenced to time served and two years probation. His driving privileges were suspended for six months and he must continue with aftercare treatment. He must pay total fines and penalties of $1,205 and submit a DNA sample at his expense. He pled guilty on May 8 to possession of heroin, a 3rd degree crime. On Jan. 30, the vehicle that Kirk was a passenger in was stopped on Route 15 in Sparta for speeding. He admitted to police that he had just gone to Newark to purchase heroin and was found to be in possession of several packets of it. Brian L. Gardner, age 22, of Newton, was sentenced to 90 days in the Keogh-Dwyer Correctional Facility. He must pay total fines and penalties of $155 and submit a DNA sample at his expense. He pled guilty on May 8 to a Megan’s Law violation of failure to notify law enforcement that he had moved to a new address, a 4th degree crime. Under the provisions of Megan’s Law, he was required to notify the local police that he was moving to a new address ten days prior to his actual move. He admitted to the Court that between Oct.18 and Dec. 6, 2005, he had moved to a new address in the Town of Newton without notifying the Newton Police Department that he had moved. Scott A. Dingman, age 32, of Sussex, was sentenced to one year probation and is prohibited from contacting the victim or victim’s family as a condition of probation. He must pay total fines and penalties of $155 and submit a DNA sample at his expense. He pled guilty on May 15 to criminal trespass, a 4th degree crime. On Feb. 20, he entered the residence of a relative in Sussex Borough without the victims’ knowledge or consent. Frank L. Aigotti, Jr., age 24, of Sussex, was sentenced to 18 months state prison. He must pay total fines and penalties of $155 and submit a DNA sample at his expense. He pled guilty on June 13 to witness tampering, a 3rd degree crime. On March 14, 2005, in Sussex Borough, he attempted to induce a victim in an assault case to withhold testimony and information regarding the case. June 26 Michael Royce, age 18, of Oak Ridge pled guilty to Theft by Deception, a third degree crime. Sentencing is scheduled for August 4. Royce participated in the theft and fraudulent use of checks and an ATM card. The checks were used to purchase merchandise at the Walmart in Newton. The purchased merchandise was then returned for money. Russell J. Straight, age 46, of Newton, was sentenced to 30 days in the Keogh-Dwyer Correctional Facility. He must pay total fines and penalties of $155 and submit a DNA sample at his expense. He pled guilty on May 15 to violating the terms of his Community Supervision for Life, a 4th degree crime. He admitted to the Court that, on or about March 1, 2005, he had violated the terms by failing to notify his parole officer of a new address, failing to obtain permission from his parole officer to move to a new residence, failing to successfully complete a substance abuse program and failing to notify his parole officer that he was unemployed. Heather Tuscany-Silva, age 39, of Sparta, pled guilty to two counts of third degree prescription fraud. She is scheduled to be sentenced on August 4. On Feb. 25, she obtained a prescription for Vicodin by calling the Sparta Stop ‘n Shop pharmacy and representing herself to be a doctor’s office. On May 4, she attempted to obtain Vicodin by doing the same thing through a phone call to the Weis pharmacy. Paul J. Baglio, age 55, of Hopatcong, was indicted on charges of 3rd degree aggravated assault. The case was investigated by Patrolman R. Hickman of the Stanhope Borough Police Department. The Grand Jury alleges that on Oct. 2, 2005, in Stanhope the defendant, after being asked by the victim (his neighbor at the time) to turn down the loud music he was playing, shoved the victim and pushed her to the ground, then fled the scene. The victim suffered a broken nose, several loose teeth and numerous cuts and bruises. The case was presented to the Grand Jury by Assistant Prosecutor Robert L. Klingenburg. 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. Brett E. Vanderhoof, age 26, of Augusta, was indicted on charges of 3rd degree theft and 4th degree false incrimination. The case was investigated by Trooper C. Kay of the New Jersey State Police. The Grand Jury alleges that on Jan. 27, 2004, the defendant took a diesel tank belonging to Saxton Falls Sand and Gravel, which he originally admitted to but later recanted his statement, falsely implicating another person for the theft. The case was presented to the Grand Jury by Assistant Prosecutor Robert L. Klingenburg. 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. An indictment charges Erin P. Decker a/k/a Erin P. Schwenzer, age 23, of Branchville, with 3rd degree issuing bad checks. The Grand Jury alleges that on May 11, 2005 she issued a check in the amount of $3,850 to Franklin Sussex Auto Mall knowing that the check would not be honored by the bank and account it was drawn on. The case was presented to the Grand Jury by Assistant Prosecutor Robert L. Klingenburg. 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. Brett E. Vanderhoof, age 26, of Augusta, was indicted on charges of 3rd degree theft. The case was investigated by Detective Thomas Leahy of the New Jersey State Police. The Grand Jury alleges that on May 16, 2004, the defendant and four co-defendants took merchandise and cash from a residence in Wantage. The case was presented to the Grand Jury by Assistant Prosecutor Robert L. Klingenburg. 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. Brett Hosking age 20, of Franklin, pled guilty to one count of third degree possession of cocaine, one count of third degree possession of heroin and motor vehicle tickets for driving while intoxicated and failure to wear a seatbelt. He is scheduled to be sentenced on Aug.11. He admitted that on July 4, 2005, he possessed two bags of heroin following a motor vehicle stop by Sparta Police Officer Kurt Morris. He also admitted to driving under the influence of heroin and not wearing a seatbelt when stopped by Officer Morris, He admitted that on July 21, 2005, he possessed two bags of heroin following a motor vehicle stop by Sparta Police Officer Louis Takacs. Genevieve M. Beamin, age 39, of Phillipsburg, pled guilty to Title 9:6-3 Child Abuse, a 4th degree crime. On two occasions between June 1, 1998 and Jan. 31, 1999 the defendant used excessive corporal punishment on a 5-year-old boy by striking him with a leather belt. The case against Beamin was investigated by Det. Jennifer Williams, Sussex County Prosecutor’s Office and Det. Matt Gallop, Passaic County Prosecutor’s Office.