×

Duncansville man held for failing to report to Blair County Prison after January sentencing

Lightner failed to serve sentence handed down in January

HOLLIDAYSBURG — A Duncansville man charged with failing to report to the Blair County Prison to serve a relatively short sentence was taken into custody after appearing in plea court on Friday.

Joshua Charles Lightner, 34, was attempting to enter a guilty plea to one misdemeanor count of failure to appear when presiding Judge Jackie Atherton Bernard learned he had yet to serve the sentence handed down in January.

Lightner pleaded guilty on Jan. 9 to one misdemeanor count of DUI and was sentenced to 72 hours to six months in the Blair County Prison by Senior Judge Pamela A. Ruest. Lightner was given a deferred report date, but never appeared to serve his sentence.

After failing to report for his sentence, Lightner was arraigned on a single failure to appear charge in front of Magisterial District Judge Paula M. Aigner on

Feb. 25. He waived his right to a preliminary hearing at that time, sending the charge to the court of common pleas, and he was then released on $25,000 unsecured bail.

Online court documents show that the court of common pleas filed two delinquency notices, one on

May 5 and the second on June 6, stating Lightner was 248 and 280 days overdue, respectively, on the payment plan for the costs and fines for his DUI case, totalling about $1,200.

During Friday’s proceedings, Lightner, along with defense attorney Mason Rogers, was brought before Bernard ahead of others after notifying the court that he had a doctor’s appointment. Once made aware of the scope of Lightner’s situation, Bernard told him that “a missed doctor’s appointment is the least of your worries.”

“You will be remanded to the Blair County Prison, today,” Bernard said. “There are no questions about that. None.”

Rogers requested an additional deferred sentence to allow Lightner to get his affairs in order, which was denied.

Bernard then asked Assistant District Attorney Derek Elensky why a bench warrant was never issued for Lightner, to which Elensky said, “I’d ask you.”

Addressing Lightner, Bernard said it “does nothing for our criminal justice system” for him to be out walking around after being sentenced.

“A sentence is not optional, Mr. Lightner,” Bernard said. “A deferred sentence is a gift from the court.”

In light of this, Bernard asked Rogers if Lightner wished to continue with his plea in his failure to appear case. It was ultimately rescheduled for Oct. 31.

Mirror Staff Writer Rachel Foor-Musselman is at 814-946-74.

Starting at $2.99/week.

Subscribe Today