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Judge Fregiato hands down sentences

ST. CLAIRSVILLE Several sentences were heard during Monday’s session of Belmont County Common Pleas Court. Judge Frank Fregiato presided.

Nicholas James Divittorio, 29, 68201 Commercial Drive, Bridgeport, was sentenced for attempted burglary, a felony of the third degree occurring Aug. 10, 2014. He was given the maximum sentence of 36 months in the penitentiary. Extensive rehabilitation programs and counseling were ordered.

Defense asked Fregiato to consider that Divittorio was under the influence of prescription drugs at the time.

Fregiato noted Divittorio’s extensive record and pointed out the lasting emotional harm to the resident of a home terrorized by the attempted invasion.

“Burglary is a terrifying crime,” he said, adding that death or serious injury is a possible consequence and noting the importance of deterrence to potential housebreakers. “Drug addiction is not a defense to burglary.”

Matthew Francis Schybal Jr., 18, 35159 South 16 Road, Barnesville, was sentenced on three counts of theft, a felony of the fifth degree occurring Aug. 1, 2011. He was sentenced after failing to complete drug court. He was given a sentence of 12 months for each count, to be served consecutively but with one count suspended for a total of 24 months in the penitentiary. Counseling was ordered.

Defense asked Fregiato to consider Schybal’s law abiding behavior since 2011 and claimed the failure at drug court was due to transportation issues. Fregiato pointed out Schybal’s record, noting a pattern of theft and numerous violations of court orders.

Cody Eric Cheetham, 21, 1002 Indiana St., Martins Ferry, pleaded guilty to theft, a felony of the third degree occurring Aug. 15, 2014. A pre-sentence investigation and victim impact statement were ordered. Sentence was set for Nov. 24.

Brent Jeffery Montenery, 28, 319 Jones Ave., Yorkville, was re-sentenced for attempted complicity, a felony of the fourth degree occurring July 29, 2014. He was given the maximum sentence of 18 months in the penitentiary with credit for 99 days. His license was suspended for two years.

Joseph H. Barker III, 63, 66406 South Greenbrier Drive, St. Clairsville, will go to trial this Wednesday. He is charged with felonious assault, a felony of the second degree occurring May 9, 2014.

James Robert Shaw, 34, 515 Ohio Avenue, Martins Ferry, was given a new trial date of Jan. 22 and plea agreement date of Jan. 5. He is accused of burglary, a felony of the fourth degree occurring Aug. 4, 2014.

Kiana Brien Wallace, 21, 5075 Jefferson St., Bellaire, pleaded guilty to possession of drugs occurring May 18, 2014. A $627 forfeiture was ordered. Sentence was set for Nov. 24.

A warrant was issued for Damon Gregory Pernick, 20, 911 Walnot St., Martins Ferry.

DeFrank can be reached at rdefrank@timesleaderonline.com

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