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The Pennsylvania Superior Court has ordered a new sentencing hearing for a man charged with organized retail theft from an Ebensburg jewelry store in November 2012.
Late last week, a Superior Court panel concluded that Cambria County Judge Norman Krumenacker III failed to fully explain why he sent John Charles Illingworth, 40, to a state prison for 3.5 to seven years for violating his initial probationary sentence.
In 2013, Illingworth was placed on probation for 84 months after he entered a no-contest plea to felony retail theft.
It was alleged he and another man entered Decker Diamond Jewelers on Jamesway Road, Ebensburg, and requested to see three rings.
It was charged that one of the men grabbed the rings and both fled. The rings were valued at $11,500.
The two men were arrested within a week.
Illingworth's co-defendant received a short jail term in the county prison, while Illingworth was placed on a lengthy probationary sentence. Both were ordered to pay restitution.
According to the Superior Court opinion, Illingworth failed to abide by any of the conditions of his probation.
He did not meet with his probation officer for long periods of time. For a time, he could not be located and he stopped making restitution payments for more than five years.
After he was arrested for violating his probation, Illingworth reported he had been homeless for a time and stayed at homeless shelters.
He eventually found a residence with the aid of the Union Mission in Latrobe, but other than odd jobs, he had no employment.
The judge sentenced Illingworth to 3.5 to seven years in state prison.
Represented by Assistant Cambria County Public Defender Mary Elizabeth Schaffer, Illingworth appealed the sentence, which was vacated last June by the Superior Court, which ordered a new hearing.
The appeals court acknowledged the initial probationary sentence was lenient, and a new sentence of incarceration was "essential to vindicate the authority of the court."
But it concluded that a sentence of up to seven years in a state correctional institution was "manifestly unreasonable for non-criminal, mostly technical violations (of probation)."
In a resentencing hearing on Aug. 28, 2019 -- when he was already 15 months into his state prison sentence at SCI Somerset -- Illingworth reported:
* He was working as a prison tutor.
* He had no disciplinary issues while in prison.
* He had a job lined up and was looking forward to making good on his restitution.
The new sentenced included a state prison term of 24 to 48 months, and restitution.
Judge Krumenacker stated that Illingworth was eligible to participate in the Department of Corrections Recidivism Risk Reduction Incentive, which would lower his minimum sentence to 18 months.
In an opinion issued last week and written by Superior Court Judge Correale F. Stevens, it was pointed out the original prison sentence was "manifestly excessive" and was returned to the judge for re-sentencing.
"Despite our admonition, the same concerns undermine the court's resentencing under review," the opinion stated.
"Just as occurred in the first hearing, the revocation court again failed to address altogether, let alone provide a meaningful discussion, why a considerable incarceration for a non-violent, first-time offender and technical probation violator was consistent with the protection of the public, gravity of the offense, and rehabilitative needs of (Illingworth)," the opinion continued.
It concluded, "As no explanation from the court appears in the record … we must vacate (Illingworth's) sentence and remand for a new sentencing hearing."
The order means Illingworth will be sentenced a fourth time in the retail theft case. A resentencing date has not been scheduled, according to state court records.
Department of Corrections communications director Susan McNaughton said Illingworth was paroled from SCI Somerset on Jan. 19, 2020.