A Lehighton man who threatened to kill a woman if she didn’t have sex with him was placed in a special probation program on Monday in Carbon County court.

Henry Tomasko III, 45, was placed in the Accelerated Rehabilitation Disposition probation program for two years by Judge Steven R. Serfass.

Before approving the placement, Assistant District Attorney Joseph D. Perilli, told the court that he spoke with ADA Seth Miller, who negotiated the agreement for the ARD placement, who said the commonwealth went along with the resolution of the matter because the victim in the incident did not want Tomasko to go to jail. He said the two were still living together.

Tomasko said he had mental health issues and claimed at the time of the incident, March 14, he was not responding well but since had his medications adjusted and is continuing treatment.

Serfass said he spoke with the prosecution and defense counsel, Eric Wiltrout of the public defender’s office, with concerns he had but is now satisfied the ARD placement was appropriate.

Case history

According to the affidavit of probable cause officer Matthew Bender of the Lehighton police was dispatched to a home in the 300 block of Cypress Street for a domestic where the man, Tomasko, had a knife and was threatening to harm himself. Tomasko was leaning on the dresser and had self-inflicted cuts on his stomach. EMS was notified and Tomasko was transported to the hospital for medical treatment.

A woman told officers that Tomasko approached her and placed his hands around her throat and began to choke her, threatened her to have sex with him or he would kill her if she did not comply.

She said Tomasko then attempted to have intercourse with her.

All the charges filed against Tomasko, including indecent assault, strangulation, terroristic threats, and simple assault, were placed in the program.

He was also ordered to pay an assessment fee of $450 for the cost of the program, get a mental health evaluation, render 100 hours of community service, pay court costs of over $1,000 and pay a $50 per month supervision fee while in the program.