The Daily Item, Sunbury, PA

Montour County

October 16, 2013

Percocet sale lands defendant in state prison

DANVILLE — Although her attorney said she was caught selling less than a gram of Percocet and sought county jail time for his client, a judge ordered her to state prison.

Mucia T. Starr, 50, of 6 Iron St., was sentenced Tuesday to two years to four years in prison and given credit for 54 days already served in jail. Because of her lack of a record, her minimum sentence was reduced to 18 months for delivery of drugs. She was also fined $500 for the jail term to begin Oct. 21 for a charge of delivery of drugs. She previously pleaded guilty to delivery and to misbranding a controlled substance.

For the misbranding, Columbia-Montour Counties Judge Gary Norton sentenced her to one year of probation which will be consecutive to her sentence and fined her $500.

Starr was charged with driving while under the influence of alcohol and placed in the Accelerated Rehabilitative Disposition program in 1990 and was cited for theft in 2009, testimony showed.

Starr’s son, Gary Shoemaker, of Danville, was sentenced earlier in the day for unrelated cases of receiving stolen property, possession of a controlled substance, possession of drug paraphernalia and failure to appear in court for sentencing.

Starr’s attorney, Michael Dennehy, said his client was charged with selling 92 pills for $385. Each pill contained 5 milligrams of Percocet, or a total of 460 milligrams, which is less than one gram. He contended the sentencing guidelines are ambiguous since they address two different categories.

The judge said he didn’t see any ambiguity in the sentencing guidelines.

Dennehy submitted four letters to the court from Anna Henry, Diane Henry, Pastor Justin Stanton, of Starr’s church, and Starr’s neighbors, the Wertmans, detailing positive things Starr has been doing. The Wertmans had employed her in the past, he said.

He said Starr, who has a 10-year-old daughter, is disabled with fibromyalgia, suffers from chronic depression and is seeing a psychologist.

Dennehy said Start had extra Percocet pills which she had a prescription for and sold them to a son’s fiancée April 15 outside her home. The woman was acting as a confidential informant for Danville police.

“She knows she screwed up badly by doing this,” Dennehy said. “I think the case is appropriate for a county sentence,” he said.

Starr then apologized to her family, her daughter and husband for what she did. She said she has been meeting with probation officials and has “been obeying everything.”

County District Attorney Rebecca Warren said selling 92 pills to someone was clearly illegal and Starr was refilling prescriptions she didn’t need. Warren said she sold them for $4.19 a pill.

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