County Prosecutor

Jan. 16 Thomas Russo, 18, of Sussex, was sentenced to four years state prison with a three year period of parole supervision upon completion of his sentence, 24 month loss of driver’s license and $1,363 in fines. He pled guilty on Oct. 22, 2007, to the second degree crime of accomplice liability to a robbery and the fourth degree crime of possession with the intent to distribute marijuana. He admitted on May 14, 2007, in Frankford Township, he assisted Aldo Moro in committing a robbery of another individual for drugs. He admitted that on June 12, 2007, he possessed less than one ounce of marijuana with the intent to distribute it in Vernon Township. The first matter was investigated by Vernon Detective Sean Talt and the latter matter was investigated by Vernon Police Officer Fitzgerald. Jan. 18 Rafael Perez, 23, of Newark, was sentenced to four years probation, 364 days county jail, $3,205 in fines and a six month loss of driver’s license. He pled guilty on Nov. 13, 2007, to the third degree crime of possession with the intent to distribute heroin and/or cocaine. He admitted that on Aug. 13, 2007, in Sparta, he possessed 200 bags of heroin and five grams of cocaine with the intent to distribute it to an individual cooperating with the Sussex County Narcotics Task Force. James Spratley, 29, of Montclair, was sentenced to three years probation, 105 days county jail, $2,716 in fines and a six month loss of driver’s license. He pled guilty on Nov. 16, 2007, to the third degree crime of possession of cocaine, the disorderly persons offense of being under the influence of a controlled dangerous substance and motor vehicle tickets for running a red light and driving without a license. He was found to be in possession of seven vials of cocaine following a motor vehicle stop in Stanhope Borough on Oct. 5, 2007. The matter was investigated by Stanhope Police Officer Robert Popelka and Byram Police Officer Daniel DeWald. Christopher Cicchino, 21, of Newton, was sentenced to three years probation. He was ordered to perform 150 hours of community service, submit to random urine monitoring, and maintain employment. He must pay restitution in the amount of $780. He must pay total fines and penalties of $78 and submit a DNA sample at his expense. His bail was exonerated. He pled guilty on Nov. 14, 2007 to forgery, uttering a forged instrument and fraudulent use of a credit card, all third degree crimes, and to two counts of credit card theft and one count of theft, all fourth degree crimes. Cicchino had previously been enrolled in the PreTrial Intervention Program with respect to the charges but was terminated from the program for non-compliance prior to the entry of his guilty plea. In Oct. 2007, the defendant took checks and a credit card from a residence in Frankford Township. He admitted to taking the items and to using them at various stores and businesses in the area. Colt Borgeson, 21, of Newton, was sentenced to three years probation on condition that he serve 103 days in jail (credit for 103 days served). He must also undergo a TASC evaluation, random drug testing, submit DNA sample, obtain and maintain employment and pay $205 in court fines. He pled guilty on Nov. 5, 2007, to accomplice liability to commit burglary and theft by unlawful taking, both third degree crimes. On July 20, 2007 Borgeson and a co-defendant broke into a private home and took jewelry, guitars and amplifiers. The guitars and amplifiers were recovered. They jewelry was also recovered when he tried to sell it. Kevin Daly, 23, of Somerset, was sentenced to an indeterminate term in prison not to exceed five years as a youthful offender, seven month loss of driver’s license and $4,235 in fines. He pled guilty on Nov. 5, 2007, to the second degree crime of possession of a controlled dangerous substance with the intent to distribute it within 500 feet of a park, the third degree crime of possession of a controlled dangerous substance within 1,000 feet of a school and driving while intoxicated. He admitted to possessing more than 200 tablets of Xanax with the intent to distribute them on Aug. 19, 2007, following a motor vehicle stop by Newton Police Officer Stephen VanNieuwland on Park Place. Francisco Vilella, 37, of Highland Lakes, was sentenced to three years probation and 270 days in jail. In addition, he must pay court costs and restitution to his victim. He pled guilty on Oct. 18, 2007, to fourth degree theft of movable property. He admitted to entering the vehicle of Vernon resident and removing property having a value of approximately $368. Jan. 22 Calvin L. Smith, Jr., 18, of Newton, pled guilty to third degree receiving stolen property, third degree burglary, third degree theft and fourth degree failure to register for Megan’s Law. Sentencing is presently anticipated for March 28. On July 16, 2007 defendant was pulled over while driving a stolen vehicle that he purchased knowing it had been stolen. Then on July 20 Smith and a co-defendant broke into a home taking jewelry, guitars and amplifiers. All items taken were recovered. In Aug. of 2007, according to Megan’s Law, Smith failed to notify Newton Police Department that he moved to a new address in New York. Jan. 23 Vicky McGinnis, 38, of Montague, was sentenced to one year probation to commence upon her parole from a sentence she is currently serving in Pennsylvania. She was ordered to serve 180 days in the Keogh-Dwyer Correctional Facility, which is to run consecutive to her Pennsylvania sentence. She must submit to random urine monitoring and maintain employment. She must pay restitution in the amount of $2,733.77 to several victims. She must pay total fines and penalties of $1,530 and submit a DNA sample at her expense. She pled guilty on Dec. 3, 2007 to 12 counts of forgery, all third degree crimes. She admitted to taking several checks from two of her neighbors between Jan. 23, 2006 and Feb.9, 2006 in Montague, then using the checks to pay bills and make purchases for herself. Jan. 24 Sussex County Prosecutor David J. Weaver announced the sentencing of Tracy Davenport, who appeared before the Honorable Thomas J. Critchley, Jr., JSC at the Sussex County Courthouse in Newton on Jan. 24. Davenport, age 20, of Franklin, was sentenced to three years probation and was ordered to serve 210 days in the Keogh-Dwyer Correctional Facility. She must pay restitution to several victims, pay total fines and penalties of $405.00 and submit a DNA sample at her expense. She pled guilty on July 25, 2007 to two counts of forgery and one count of theft by deception, all third degree crimes, and to violating a probationary sentencing imposed on Jan. 16, 2007 after pleading guilty to theft by deception, a third degree crime and issuing bad checks, a fourth degree crime. In Oct. 2006, she took checks from the person she was living with, forged the victim’s endorsement and also used her credit card to obtain money. The violation of probation involved charges between June 2, 2005 and Aug. 1, 2005 where Davenport and a co-defendant wrote several checks to Wal-Mart in Franklin knowing there were insufficient funds in the account the checks were written against. Between Aug. 24, 2005 and Sept. 10, 2005, she issued eight checks to the Shop-Rite in Franklin knowing the bank account that the checks were written against would not honor the checks. Two juveniles, both ages 14, were sentenced to 12 months probation with time served (18 days) in the county Juvenile Detention Center. Other conditions of probation for both juveniles are 6-month loss of driver’s license, 50 hours community service, no contact with each other, attend school every day and follow all home and school rules, submit DNA samples, undergo random drug testing, write a letter of apology, pay fines of $45 and restitution (amount to be determined). On Jan. 2 the two juveniles placed a note on the front entrance of Lenape Valley High School stating a bomb was inside and going to go off on Jan. 3.