Could the Luzerne County corruption scandal be working in favor of some criminals? That is the question after a sentencing controversy. The prior juvenile record of a man sentenced Tuesday for involuntary manslaughter could not be used against him at the sentencing because his juvenile case was handled by former judge Mark Ciavarella.
Nineteen-year-old Zireek Gardner of Nanticoke pleaded guilty to involuntary manslaughter in September, admitting he punched a man last year, killing him. For that and a drug charge, Gardner will spend the next two to four years behind bars.
Garnder's sentence could have been a lot stiffer. He had a juvenile record because he was sentenced to detention for robbery and aggravated assault by Judge Mark Ciavarella. A recent state supreme court decision vacated all Ciavarella juvenile rulings from 2003 until 2008. That means Gardner's prior juvenile record could not affect his sentence on his adult charges.
"Today's sentence was affected. We got a good sentence, but it could have been more based upon his prior record. Every juvenile crime in Luzerne County in that five-year window is going to affect every sentence in Luzerne County and other counties," said Assistant District Attorney Mike Vough.
District Attorney Jackie Musto Carroll said the supreme court's ruling has opened a huge can of worms. There are all kinds of questions now and no real answers.
"It is very complicated. It's far reaching, the ramifications are far reaching, and as I've said before, this will be with us for a long time," said Carroll. She added defense attorneys have also been asking for credit for people who served time in juvenile detention.
Zireek Gardner's lawyer wanted 16 months credit for his client. The judge denied that.
The district attorney is scheduled to meet with juvenile law experts and a special judge soon to figure out exactly how to deal with the latest supreme court ruling.
Nineteen-year-old Zireek Gardner of Nanticoke pleaded guilty to involuntary manslaughter in September, admitting he punched a man last year, killing him. For that and a drug charge, Gardner will spend the next two to four years behind bars.
Garnder's sentence could have been a lot stiffer. He had a juvenile record because he was sentenced to detention for robbery and aggravated assault by Judge Mark Ciavarella. A recent state supreme court decision vacated all Ciavarella juvenile rulings from 2003 until 2008. That means Gardner's prior juvenile record could not affect his sentence on his adult charges.
"Today's sentence was affected. We got a good sentence, but it could have been more based upon his prior record. Every juvenile crime in Luzerne County in that five-year window is going to affect every sentence in Luzerne County and other counties," said Assistant District Attorney Mike Vough.
District Attorney Jackie Musto Carroll said the supreme court's ruling has opened a huge can of worms. There are all kinds of questions now and no real answers.
"It is very complicated. It's far reaching, the ramifications are far reaching, and as I've said before, this will be with us for a long time," said Carroll. She added defense attorneys have also been asking for credit for people who served time in juvenile detention.
Zireek Gardner's lawyer wanted 16 months credit for his client. The judge denied that.
The district attorney is scheduled to meet with juvenile law experts and a special judge soon to figure out exactly how to deal with the latest supreme court ruling.
