SUNBURY - An alleged heroin and cocaine addict, who claims a deputy attorney general has a personal vendetta against him because he refused to testify against other drug dealers, was sentenced Thursday to 9 1/2 to 20 years in state prison.
Darryl L. Kashner Jr., 29, of Shamokin, who pleaded guilty to 11 felony-drug-related charges in November, received the stiff sentence from Northumberland County Judge Charles Saylor. He was ordered to serve 8 to 16 years for criminal conspiracy to deliver cocaine and 18 to 48 months for criminal conspiracy to deliver heroin. The sentences run consecutive to each other.
Kashner also received individual sentences of 24 to 48 months or 30 to 60 months on multiple other charges including four counts of delivery of cocaine, two counts each of delivery of heroin and possession with intent to deliver cocaine, and one count of possession with intent to deliver heroin. Those penalties run concurrent to the conspiracy offenses, which means they get merged for sentencing purposes.
If the sentencings on the charges ran consecutive to each other instead of concurrent, Kashner would be facing a maximum of 115 years in prison and $1.4 million in fines. Numerous other charges were not prosecuted under a plea agreement with the state attorney general's office.
The defendant must pay $1,000 in fines plus costs. Kashner, who has been incarcerated on the drug charges since Aug. 28, 2012, was given credit for jail time already served.
'Unjustly punished'
Kashner, who appeared in court wearing a bright orange county prison jumpsuit, did not comment when asked by Saylor if he wanted to say anything prior to being sentenced.
But he has sent recent letters to The News-Item complaining that he was unjustly punished and targeted for not fully cooperating in an investigation involving a $2 million drug ring allegedly led by Juan Carlos Alvarez, 29, of Hazleton.
Kashner's attorney Peter Campana of Williamsport attempted to get a 5 to 10 year state prison sentence for his client based on his cooperation with authorities during a grand jury investigation and letters of commendation from his family and friends.
Campana told Saylor, "I'm asking for a reasonable sentence. The goal is to rehabilitate my client. He has taken steps to rehabilitate himself while in county prison. He has behaved in prison. These crimes were not committed because of greed. They were a conduit for my client to get drugs."
Campana said Kashner has a good family who has supported him through his serious drug problems and deserves a chance to turn his life around and become a productive citizen instead of spending many years in jail.
The defense lawyer claimed Kashner stopped cooperating with authorities because he feared for his life if he was labeled a snitch.
Senior Deputy Attorney General Patrick Leonard, who prosecuted the case against Kashner and other defendants involved in the grand jury probe, said he felt the sentence imposed by Saylor was justified due to the seriousness of the offenses and Kashner's role in the crimes.
Leonard did not oppose Campana's recommendation to have Kashner serve his jail sentence in SCI-Coal Township so he can be closer to his family. The judge took note of Campana's request, but it's up to the state Department of Corrections to determine where Kashner will be incarcerated.
Kashner and his family members declined comment to a News-Item reporter after sentencing. About 10 relatives and friends were present for the sentencing.
The defendant and several other county inmates with court proceedings were transported by county correctional officers back to SCI-Coal Township, where they have been housed since a Jan. 14 fire destroyed Northumberland County Prison in Sunbury.
'Personal vendetta'
In his letters, Kashner claimed he refused to testify against Alvarez or defendant Charles T. Picarella Jr., 35, of Elysburg, if their cases went to trial. He states, "I plead guilty to a whole slew of drug charges and accepted an open plea not to exceed no more than 10 to 20 years. That is not what I wanted to do, but the day of my trial when 21 witnesses showed up to testify against me, there wasn't much of a chance on winning. Plus, I didn't feel like getting a 115-year sentence if I were to lose at trial. I feel as if Mr. Picarella, Mr. Alvarez and myself are being selectively prosecuted. Other co-conspirators that were just as involved as us, if not more, are walking away with probation and county sentences, with the majority of them having extensive criminal histories."
He added in the letter, "Mr. Patrick Leonard of the attorney general's office has a personal vendetta against me because I refused to testify against Mr. Picarella and Alvarez. When I told him I wouldn't be testifying, I was threatened with historic charges in which I received at a later date."
Kashner goes on to call Leonard "corrupt when he doesn't get his way" and also accuses him of "coaching" his witnesses.
Leonard reserved comment about Kashner's accusations.
"The sentence I'm about to receive is unfair," Kashner says in a letter. "This selective prosecution is making a mockery of a system that is suppose to treat everyone equally. I now understand why loyalty is a quality rarely found today since our judicial system rewards those who turn their backs on their peers."
Pleaded guilty
Attorney General Agent David Jordan, Shamokin Cpl. Bryan Primerano and Ralpho Township Patrolman Chris Grow filed the charges against Kashner involving the distribution of heroin and cocaine in Northumberland County and offenses committed in Shamokin and Coal Township. Primerano and Grow, who are members of the Northumberland-Montour Drug Task Force, were assisted in the probe by officers from Mount Carmel, Shamokin, Coal Township and Ralpho Township.
Kashner pleaded guilty to delivering .72 grams of cocaine on Adams Street in Shamokin May 6, 2012, 3.4 grams of cocaine at the former Uni-Mart on East Sunbury Street in Shamokin Aug. 6, 2012, and 7.8 grams of cocaine at the intersection of Bear Valley Road and Route 125 in Coal Township Aug. 14, 2012.
He pleaded guilty to delivering 3.5 grams of heroin in Ranshaw, possessing with intent to deliver 19.1 grams of heroin and 49.4 grams of cocaine at the former Uni-Mart in Shamokin, and possessing with intent to deliver 9.52 grams of cocaine at his former residence at 615 N. Shamokin St., Apt. 4. All those offenses occurred Aug. 28, 2012.
He also pleaded guilty to possessing with intent to deliver cocaine and heroin between January and August 2012 involving the distribution of heroin and more than 1,000 grams of cocaine in Northumberland County.
Drug-related offenses involving five other cases filed against Kashner were withdrawn by the commonwealth. Leonard said four of the cases were withdrawn because an informant used in the drug buys has died since the incidents occurred. The other case was withdrawn due to insufficient evidence.
Jordan said Kashner was working with Alvarez from the Dominican Republic to bring narcotics from the Hazleton area into Northumberland County from 2009 to 2012. Kashner, Alvarez, Picarella and more than a dozen others were arrested as part of the investigation.
Alvarez, who remains in federal custody, reportedly plans to take his case to trial.
Picarella was sentenced in December by Northumberland County President Judge William H. Wiest to 10 to 20 years in state prison on felony drug and gun charges.