A Tyrone Area High School senior was sentenced to one year probation and ordered to pay $1,500 in fines and costs after entering guilty pleas to charges of possession of drug paraphernalia and a violation of the school code. A charge of possession of heroin was dropped by the commonwealth.
Sam Kirk, 18, of 356 Jefferson Ave., accepted the plea agreement at the office of District Magistrate Fred Miller yesterday morning. He was originally charged with possession of a controlled substance, possession of drug paraphernalia and a violation of the public school code, possession of a cellular telephone during school hours.
Magistrate Miller said he could not comment on the reason why Assistant District Attorney Jackie Bernard and defense attorney Terry Despoy agreed to drop the possession of heroin charge, stating only that the charge was a misdemeanor and punishable with up to a one-year prison sentence and up to $5,000 in fines. Tyrone Area School District police officer Bob Dick said this morning that he would not comment on the case. Blair County District Attorney Jackie Bernard, the prosecuting attorney for the commonwealth, was not available for comment.
According to an affidavit of probable cause filed by Tyrone Area School District Police Chief Mark Frailey, a search of Kirk?s person on March 3 revealed a small bag containing a white substance. The substance was analyzed by the state police crime lab and determined to be heroin, a Schedule 1 narcotic.
According to the plea agreement, he was sentenced to one year of supervised probation, drug and alcohol counseling, random drug testing by his probation officer and a $1,500 fine.
Also, if not enrolled in high school or college, he must maintain steady employment. Kirk also agreed to the terms of no alcohol or controlled substances, unless prescribed by a doctor.
