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HOLLIDAYSBURG -- A Tyrone man convicted in August of selling methamphetamine to a confidential informant in 2019 was sentenced Tuesday to nine months of house arrest as part of a county sentence, followed by three years' probation.
Kevin T. Soellner, 36, who continues to maintain his innocence, told Judge Jackie Bernard that in the three-plus years he's been supervised by the county parole and probation office, he has had no violations or new criminal charges.
"I can't change what the jury ruled ... but maybe there's some kind of way to give me leniency," Soellner said.
Assistant District Attorney Jonathan Thomas recommended a state sentence of one to five years in light of Soellner's conviction on a felony charge of methamphetamine delivery.
"It's one of the worst substances that a person could be using," Thomas said.
The jury that heard the case convicted Soellner of delivery and possession of meth after hearing a confidential informant testify that he bought the meth from Soellner on Sept. 19, 2019, inside an apartment at the Sylvan Acres housing complex in Tyrone.
Defense attorney Robert Freeman tried to get the jury to question the confidential informant's testimony and offered a witness indicating that another Kevin, who was a meth user, lived in the apartment where the sale occurred.
In court Tuesday for sentencing, Freeman presented Soellner and his family members, who spoke of Soellner's work ethic and full-time employment, his devotion to his children and family support.
When Freeman proposed a county sentence with house arrest, Bernard asked if the associated fees could be covered. Soellner replied that he would cover them and his family members indicated they could help.
Thomas asked Bernard not to overlook the dangers associated with methamphetamine, affecting not only the user but the user's loved ones and the dangers created through trafficking.
Thomas also pointed to Soellner's criminal history showing 14 misdemeanor offenses between 2006 and 2018, including a simple assault conviction in 2018 leading to six months in the county prison. Soellner described those six months in prison as "horrible" and said the simple assault conviction was a reflection of "one bad relationship."
Bernard said Soellner's presentence investigation report showed him with a low risk of reoffending.
While she also recognized Soellner's lack of violations or new criminal charges in more than three years, she said the conviction merits an element of punishment in the form of a county prison sentence. In imposing a sentence of nine to 23.5 months, followed by three years' probation, she said the minimum time of nine months can be served on house arrest, with electronic monitoring required for the first six of the nine months.
While on house arrest, Soellner will be permitted to travel to work and medical appointments. Other travel will be subject to review by the county parole and probation office.
Bernard advised Soellner that the electronic monitoring device will track him.
"There is someone checking the monitor so they will know where you are," she said.
Bernard also addressed Soellner's mother, Debra Weston, of Tyrone, who spoke in favor of her son at the sentencing hearing.
About two months after Tyrone police charged Soellner, Weston arranged to have the time changed on a computer photo so that it would show her son was adopting a cat at the time of the alleged meth sale. When Tyrone police charged Weston, they indicated that the photo was genuine but the time wasn't.
Weston, in September 2022, entered guilty pleas to forgery, obstructing justice, hindering apprehension and related offenses for a sentence of five years probation.
"I don't know why I did what I did," Weston told Bernard on Tuesday. "The opportunity presented itself and I went with it. ... I will never make that mistake again."
During his trial, Soellner also tried to tell the jury that at the time of the drug sale, he was at home because he adopted a cat that day. But the woman who delivered the cat testified that she was at his residence for a half hour at most and not as late as 5:30 p.m., when the confidential informant bought the meth for $100.
Bernard told Soellner she hopes to never see him in court again and suggested he use his house arrest and probationary sentence to prove that he can remain crime-free.
"I think you are more than capable of staying out of trouble," the judge said.
Mirror Staff Writer Kay Stephens is at 814-946-7456.