County Prosecutor

February 6 An indictment charges John Earl Hall, Jr., age 19, of Sussex, with Burglary and Theft, both third degree crimes. The case was investigated by Trooper Byra of the N.J. State Police. The case was presented to the Grand Jury by Assistant Prosecutor Robert Klingenburg. 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 Lucas T. Faulkner, age 26, of Hopatcong, with 3 counts of Resisting Arrest, all fourth degree crimes, and one count of Resisting Arrest, a third degree crime. The case was investigated by Ptl. Tracey of the Hopatcong Police Department. The case was presented to the Grand Jury by Assistant Prosecutor Robert Klingenburg. 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 Santiago Martinez Marzilino, age 23, of Newton, with Unlawful Possession of a weapon, a fourth degree crime. The case was investigated by Ptl. D’Annibale of the Newton Police Department The case was presented to the Grand Jury by Assistant Prosecutor Robert Klingenburg. 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. February 7 At approximately noon a jury returned with guilty verdicts on all six counts against Andrew O’Patick, age 55, of Franklin. He was convicted of two counts of first degree Aggravated Sexual Assault; Two counts of second degree Sexual Assault and Two counts of third degree Endangering the Welfare of a Minor. The crimes occurred between June 14, 1999 and August 29, 2004. The defendant was remanded to jail pending sentencing. O’Patick was convicted of committing acts of sexual penetration against two female victims who were under 12 years old, committing acts of sexual contact of the girls’ intimate areas for his sexual pleasure or to degrade or humiliate the victims, and for endangering the welfare of the victims. The defendant faces a potential sentence on each of the first degree crimes of 10-20 years; for each of second degree crimes of 5-10 years and 3-5 years for the each of the third degree crimes for a potential aggravated sentence of 70 years. The first and second degree crimes are all subject to the No Early Release Act which requires the defendant to serve at least 85 percent of the sentence. The case against O’Patick was investigated by Det. Sgt. Don Peter of the Sussex County Prosecutor’s Office, Det. David White of the Hardyston Police Department and Trooper Kim Unhoch, formerly of the Sussex County Prosecutor’s Office. February 8 An indictment charges Dwayne Finklea, age 49, of Newton, with fourth degree Certain Persons not to have Weapons. The case was Investigated by Patrolman J. Miller of the Town of Newton Police Department. The Grand Jury alleges that on Feb. 18, 2006, 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. 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 six weeks. A Grand Jury indictment is a charge only. The defendant is presumed innocent until guilt may be proved at a jury trial. February 9 James R. Cunneely, age 30, of Stockholm was arrested on three charges: one count of Aggravated Sexual Assault, first degree, one count of Aggravated Criminal Sexual Contact, second degree and one count of Endangering the Welfare of a Minor, third degree. Cunneely is being held on $75,000 bail with no 10 percent. Between September 2006 and February 5, 2007, the defendant committed acts of sexual penetration and sexual contact with the intimate parts of a minor female. The case against Cunneely was investigated by Det. Sgt. Don Peter of the Sussex County Prosecutor’s Office and Det. Eric E. Mueller of the N.J. State Police. Derek R. Pascavage, age 39 of Lakeville, Pa., was sentenced to 12 months in State Prison, mandatory fines and penalties. He pled guilty on Jan. 3 to shoplifting and hindering apprehension, both disorderly persons offenses. Pascavage was caught shoplifting at Shop-Rile in Montague and used a false name to avoid apprehension. Pascavage used a false name because he had several outstanding warrants. Charles Segar, age 26 of Newton, was sentenced to three years in State Prison. He pled guilty on Dec. 14, 2006 to theft, a third degree offense, and resisting arrest, a fourth degree offense. Segar admitted that he resisted arrest while being served with a warrant by two sheriff officers, He also admitted to stealing $1,800 from his former employer, Quick Check. Segar would ring up cartons of cigarettes as a refund and keep the money. Stephen Orloski, age 22, of Franklin, was sentenced to one year probation and must perform 50 hours of community service. He must pay restitution to several victims in the amount of $6,609; if restitution is not paid in full within the term of his probation he must perform an additional 150 hours of community service. He must pay total fines and penalties of $1,780 and submit a DNA sample at his expense. He pled guilty on Nov. 27, 2006 five counts of fourth degree criminal mischief and 12 counts of disorderly persons criminal mischief. On April 25, 2006, in Franklin, he went on a criminal mischief spree, breaking windows of various businesses and cars and smashing mailboxes. February 13 Allen R. Hill Jr., age 29, of Newton, pled guilty to Resisting Arrest, a fourth degree crime. Sentencing is scheduled for April 13. Hill was seen in the area of a reported car burglary. Hill admitted that he saw police approaching him. He was ordered to stop but ran. Hill eventually turned himself in.