Judge gives Emlenton man given last chance to comply
A Butler County Common Pleas Court judge gave an Emlenton man a last chance to obtain a drug and alcohol use evaluation before sentencing him for driving under the influence of alcohol.
Daniel Colorado Jones, 62, was found guilty of first-offense DUI and two counts of disorderly conduct by Judge Timothy McCune in a nonjury trial in July. McCune found him not guilty of three summary traffic violations. State police in Butler filed the charges following a Sept. 16, 2018, incident.
When he appeared for sentencing Sept. 16, 2021, representing himself, Jones told McCune he hadn’t obtained a CRN evaluation as he was instructed to do after his conviction. McCune gave him five additional days to obtain the evaluation.
During that proceeding, Jones admitted to McCune that it was he who parked his pickup outside the courthouse that day and the day before with a sign saying “McCune is Nazi Vermin.”
Jones also told McCune that he sent letters to all of his neighbors. He said his actions were not intended to be threats.
Butler Township police charged Jones in September with two misdemeanor counts of harassment and one misdemeanor count of obstructing or impeding justice. He waived his right to a preliminary hearing on those charges in October.
Since then, the obstructing or impeding justice charge has been withdrawn, but Jones has requested a trial on the remaining charges. A trial date has not been scheduled.
On Jan. 27, Jones appeared before Judge Kelley Streib for sentencing on the DUI and disorderly conduct charges.
His court-appointed attorney, Armand Cingolani, told Streib that Jones still hadn’t obtained the CRN evaluation. He said Jones objects to the evaluation because he doesn’t want to provide personal information, the evaluation wouldn’t benefit him and he believes the evaluation isn’t required by law.
Cingolani also told Streib that Jones wants to serve a prison sentence instead of probation.
Assistant District Attorney Terri Schultz said the Pennsylvania Department of Transportation will not reinstate Jones’ driver’s license if he does not have a CRN evaluation.
After consulting with his court-appointed attorney, Jones agreed to the evaluation.
On March 10, Jones appeared before Streib for sentencing, but Cingolani said officials refused to conduct the CRN evaluation because Jones insisted on recording it.
Streib said it is illegal to record a conversation unless both parties agree, and, again, warned Jones that his license won’t be reinstated if he doesn’t get an evaluation.
Jones said he has gone through the CRN process in the past and he was misrepresented in those evaluations. He offered to pay to have a stenographer document the evaluation.
Streib agreed, but said this would be the last time she continues the sentencing hearing. She scheduled sentencing April 21.