Metro

HOLLIDAYSBURG — A Blair County judge is allowing convictions to stand in two criminal cases that developed from a sex- and drug-trafficking ring operating in Altoona, including a case where a 48-year-old city man was sentenced to at least 26.5 years’ incarceration.

President Judge Wade A. Kagarise, in a ruling issued Monday to address post-sentence motions, affirmed Tony D. Ross’ lengthy sentence imposed in April and denied Ross’ request for a new trial.

“This court stands by its sentence and does not believe it is excessive,” Kagarise concluded. “The sentences were within the standard range of the (state) guidelines and the Court had the benefit of a pre-sentence agreement which we thoroughly reviewed.”

Kagarise’s ruling follows his Aug. 11 ruling, where he rejected post-verdict motions filed by Ross’ co-defendant Donald Dargan, who was found guilty in April of illegal possession of a firearm.

Dargan, who is slated for sentencing in September on the firearm offense, also awaits a second trial on pending criminal charges associated with the sex- and drug-trafficking case. They include a charge of drug delivery resulting in the death of Colleen Buck, 38, who was found dead on Jan. 22, 2021, in Dargan’s Altoona apartment on the 800 block of Sixth Avenue.

In Ross’ post-sentence motion, defense attorney Kristen Anastasi described her client’s sentence of 26.5 to 59 years as manifestly unreasonable and excessive.

In seeking relief, Anastasi said the judge failed to adequately consider Ross’ age in handing down the lengthy sentence. She also said the judge failed to recognize Ross’ family history, education, employment history and that Ross has no significant violent or sexual criminal convictions.

Ross, who testified on his own behalf at trial, tried to convince the jury he was unfairly accused.

Charges filed against Ross, Dargan and their co-defendants, Derrick “Tat” McNeal, Sean Lamont Atkins and Quincy James Wilson, indicate that in 2020 and 2021, they were forcing drug-addicted women to engage in prostitution in exchange for drugs.

Kagarise, in turning down Ross’ request for a new trial, pointed to evidence indicating that Ross was involved in the conspiracy. The judge referred to testimony indicating that Ross was staying at Atkins’ residence, where women referred to as “Sean’s Bitches” engaged in sexual activities for drugs.

Kagarise also referenced trial testimony indicating that Ross transported a woman to Breezewood so she could engage in sex to satisfy a debt. He also referenced additional trial testimony and said he had no reason to believe that the verdict was “so contrary to the evidence as to shock one’s sense of justice.”

Co-defendant McNeal, who was tried with Ross and convicted of select offenses, was subsequently sentenced to 18 to 39 years’ incarceration.

Atkins, who rendered guilty pleas in May to his charges, is serving a sentence of 15 to 30 years’ incarceration.

Wilson rendered guilty pleas in May to felony charges of possession with intent to deliver, involuntary servitude, corrupt organization, conspiracy to traffic in individuals, conspiracy to engage drug trafficking and a misdemeanor charge of victim/witness intimidation. He remains incarcerated with online court records showing an Aug. 28 sentencing date.

Dargan now represents himself

Dargan, meanwhile, continues to contest his charges for various reasons, including the amount of time that has passed while waiting for his case to go to trial. He’s been in the Blair County Prison since turning himself in on Jan. 3, 2022.

Dargan, who was previously represented by defense attorney Christopher Jancula, is now representing himself, with Jancula as standby counsel.

Jancula previously filed six pre-trial motions on Dargan’s behalf and told Kagarise in June that there should be a court hearing as to why Dargan’s case hasn’t gone to trial. At that same hearing, District Attorney Pete Weeks referred to a lengthy list of docketed actions as evidence of his office’s due diligence to bring the case to trial.

Dargan also wanted to raise evidentiary issues at that hearing and became upset when Jancula declined to present them in light of restrictions Kagarise imposed. Dargan, who spoke of wanting to represent himself, filed a petition to do so, which Kagarise approved in July.

Jancula, who has been designated as standby counsel, represented Dargan during the April trial where Dargan was convicted of a firearm violation. After the trial concluded, Jancula challenged the verdict, claiming the gun was seized during an illegal search of Dargan’s residence.

Kagarise disagreed with that conclusion by pointing to trial evidence indicating that officers found the gun after being summoned to Dargan’s apartment in light of Buck’s death.

“The law enforcement officers were lawfully in the (living) room where the firearm was located when it was seen in plain view,” the judge wrote.

Second Amendment challenge

Jancula also challenged Dargan’s conviction by pointing to a prior Superior Court ruling where a defendant’s prior conviction for possession with intent to deliver was deemed to be an insufficient basis to lose the right to bear arms.

In addressing that challenge, Kagarise relied on a state Superior Court ruling on July 31, where it concluded that firearm prohibitions can apply to those who pose a credible threat to the safety of others and that drug traffickers fit that mold.

“Consequently, this court must hold that (Dargan’s) charge is not unconstitutional,” Kagarise concluded. “His conviction for possession with intent to deliver is sufficient to hold that he poses a credible threat sufficient to abridge his right to bear arms.”

Mirror Staff Writer Kay Stephens is at 814-946-7456.