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Two Franklin County residents sentenced on heroin charges

April 25, 2002|BY STACEY DANZUSO

chambersburg@herald-mail.com

CHAMBERSBURG, Pa. -Two Franklin County residents were sentenced Wednesday for delivering heroin on separate occasions to an undercover Drug Task Force detective.

Melissa Armstrong, of 295 W. Swamp Fox Road, Chambersburg, had previously pleaded guilty to delivery of heroin for selling a detective heroin for $30 in Guilford Township, Pa., on July 8, 2001, according to court records.

Armstrong, 27, was sentenced earlier this month in Franklin County Court to 60 months of intermediate punishment including three months of house arrest and three months of intense supervision.

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Franklin County Court of Common Pleas Judge Richard Walsh vacated that sentence Wednesday after learning Armstrong's residence did not have a telephone, which is critical for close supervision, and that she tested positive for marijuana use on April 10.

"She has been going through considerable efforts to kick her habit," defense attorney Tom Diehl said. "From current events, it is clear she is failing. Obviously she has a struggle she is not beyond."

Assistant District Attorney Angela Krom said she had supported the initial sentence because of Armstrong's efforts to get off the drug, but on Wednesday favored a prison term.

"We've all had the opportunity to hear the dangers of heroin," she said.

Walsh sentenced Armstrong to from four to 23 months in Franklin County Prison followed by 36 months of probation. He ordered the first 30 days of probation to include intense supervision and gave her five days credit for time served.

Walsh on Wednesday also sentenced John Michael Trivitt, of 60 W. Madison St., Greencastle, Pa., for heroin delivery and hindering apprehension.

He previously pleaded no contest to both charges, according to the District Attorney's Office.

According to court records, on March 1, 2001, a Franklin County Drug Task Force detective and confidential informant arranged to buy heroin from Trivitt.

Trivitt accepted $80 and returned with two vials of heroin for the detective and informant in Antrim Township, Pa., court records said.

"I do have a problem and I am trying to make it right (by) getting treatment," Trivitt, 19, said in court Wednesday.

His attorney, Mike Toms, said Trivitt has been taking methadone since January and is free of heroin.

Walsh ordered Trivitt to pay a $500 fine and spend 84 months on restrictive intermediate punishment, the first six months to be served in work release at the Franklin County Prison followed by two months of electronic monitoring and two months of intense supervision. He gave him two days credit for time served.

Walsh sentenced Trivitt to serve 24 months probation at the expiration of the first sentence for hindering apprehension.

That charged stemmed from a June 14, 2001, incident in which Pennsylvania State Police were attempting to serve an arrest warrant on a man at Trivitt's residence. Trivitt told the man to run and he subsequently fled into his house, according to court records.

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