SUNBURY - A 20-year-old Shamokin woman previously sentenced to 11 1/2 to 23 months in county prison on a felony of aggravated harassment by a prisoner withdrew her guilty plea Wednesday morning and was set free to await trial.
Marissa Diane Birster, of 11 S. Market St., Apt. 3, who has spent 99 days in Northumberland County Prison after being charged with multiple offenses in connection with Dec. 12 incidents in Shamokin and Sunbury, was released on her own recognizance following a post-sentence hearing before President Judge Robert B. Sacavage.
The hearing was requested by Birster's attorney, Michael Rudinski, of Williamsport, due to a misunderstanding involving the defendant's April 4 sentence before Sacavage.
Rudinski and First Assistant District Attorney Ann Targonski agreed that a plea agreement called for Birster to serve 3 to 12 months in county prison on the aggravated harassment by a prisoner offense, one year consecutive probation on a misdemeanor of institutional vandalism and concurrent probation on misdemeanors of escape and theft by unlawful taking, and a summary of underage drinking.
But Sacavage initially thought the plea agreement called for 3 to 12 years in state prison due to the severity of the offense and because months or years were not designated on the guilty plea form. The judge then sentenced Birster to 11 1/2 to 23 months in county prison, which was not opposed by Rudinski's law partner, Jerry Lynch, nor Assistant District Attorney Michael Toomey, who represented the defense and commonwealth at sentencing.
On Wednesday, Rudinski requested the judge to either re-sentence his client to 11 1/2 to 23 months in county jail with credit for time previously served, or enable Birster to withdraw her plea. After conferring with Rudinski, Birster decided to withdraw her plea in hopes of being acquitted at trial, which would begin in July at the earliest. But the defendant can also enter another plea prior to her trial and receive a similar or stiffer sentence.
Birster was charged with fighting with Shamokin police, smashing a window on a police cruiser and spitting on two officers.
The charges filed by Shamokin Patrolman Scott Weaver included a felony of aggravated harassment by a prisoner, misdemeanors of resisting arrest, institutional vandalism, tampering with evidence, disorderly conduct (three counts) and simple assault, and summaries of criminal mischief, theft by unlawful taking and underage drinking.
The charges relate to early-morning disturbances outside 707 W. Chestnut St. and Shamokin Police Station. Birster's sister, Stormie Birster, of 27 E. Sunbury St., Apt. 3, Shamokin, also was cited for disorderly conduct in connection with the incidents.
Upon learning that Marissa Birster had an active bench warrant for her arrest, Shamokin Police Chief Edward Griffiths and Special Officer II Norman Lukoskie transported her to the county jail, where she escaped near the front of the prison and ran down the street for approximately a block before being recaptured by Griffiths, who was assisted by Sunbury police.
Sunbury Officer Bradley Hare filed an escape charge against Birster.