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Gerell Shepard, a 34-year-old Altoona man serving a minimum prison term of 10 years after being convicted as a dealer for a Philadelphia-based methamphetamine ring, has failed to persuade a panel of Superior Court judges that his sentence was excessive.
The Superior Court on Monday upheld the 10- to 42-year sentence imposed by Blair County Judge Jackie A. Bernard on Shepard, who was among 32 individuals charged in 2019 by former Attorney General Josh Shapiro in what was known as Operation Ice Breaker.
Shepherd, who has a lengthy criminal history dating back to age 16, was acquitted of charges that he was part of the leadership of the organization.
But he was convicted by a Blair County jury on two counts of possession with intent to distribute methamphetamine and one count of possession with intent to distribute fentanyl.
He was also convicted of the criminal use of a communication device.
According to the charges, Shepard's drug activity with the organization occurred between June 2018 through Nov. 6, 2018.
He was arrested after a confidential informant, who was addicted to meth, agreed to work with the West Drug Task Force and investigators of the Office of Attorney General.
When it came to sentencing Shepard, his Blair County attorney Richard Corcoran argued that his client had turned his life around, had a full-time job and according to the Superior Court opinion, he was doing well in the community.
The defense argued that Shepard was supporting his children and the children of a partner.
Bernard, it was pointed out by the appeals court, was aware of Shepard's difficult childhood but considered it an "explanation but not an excuse" for his continuing criminal behavior.
Superior Court judges John T. Bender, Victor Stabile and Dan Pelligrini reviewed not only the defense arguments that Shepard's prison sentence was "unduly harsh" but also what they stated was the "detailed and well-reasoned opinion" prepared by Bernard in explaining her sentence.
"We conclude that Judge Bernard's discussion of her sentencing considerations and rationale refutes (the defense) arguments that the court did not impose an individualized sentence or consider the circumstances of this case and (Shepard's) rehabilitative needs and efforts."
The appeals court attached a copy of Bernard's 17-page opinion.
Since age 16, she pointed out that Shepard has had 18 adult arrests. He had 15 convictions, eight paroles and seven prior probations, Bernard continued.
His time while under supervision included "numerous arrests, revocations, and technical violations," she said.
One weapons offense occurred while incarcerated, according to Bernard.
But the focus of her opinion was the ongoing need to protect society.
Shepard knew he was dealing in dangerous substances. She referred to a Nov. 6, 2018, delivery of "heroin" to the police confidential informant. Shepard told the confidential informant it was heroin, but he stated that she should warn her customers that it included "the stuff that was killing people."
The jury eventually learned that the alleged heroin was actually fentanyl.
Shepard, by issuing his warning, "understood the lethality" of the product he was selling, Bernard reasoned.
She went on to explain that the evidence at trial did not depict Shepard as a drug abuser but as "a businessman" who used the informant and others struggling with addictions to make money.
"He also understood the financial benefit to be made by selling drugs because he told the informant to cut it (the heroin) up to make more money," she explained.
She then concluded, "The court imposed an individualized sentence, taking into account the entirety of the record, the defendant's history, rehabilitative needs, contents of the presentence investigation, mitigation information, punishment and the need to protect society. The sentence was not manifestly excessive, unduly harsh, or an abuse of discretion."
Shepard is incarcerated in the State Correctional Institution at Albion.