An Albrightsville man was placed in Carbon County’s Accelerated Rehabilitation Disposition probation program for first-time offenders on Tuesday over the objections of the victim.

Barry G. Morales, 65, appeared before Judge Joseph J. Matika for placement in the special program but before ruling on the recommendation of the district attorney’s in approving the application for ARD, he heard from the female victim.

Morales was to be placed on charges of simple assault and harassment for an incident on Dec. 29, 2019. Kidder Township police were dispatched to a residence in Hickory Run for a domestic.

The victim told the court she felt Morales should have been charged with more serious counts including strangulation. She said he grabbed her by the throat and held her against a wall while choking her.

She said she drove to Carbon County from North Carolina, where she now lives, because of her strong feelings in the matter.

Matika told her that the court cannot tell a police agency or the district attorney’s office, which must approve all criminal cases, what charges to file in a case. He said that is up to the investigating agency, which then confers with the DA’s office.

Assistant District Attorney Joseph D. Perilli, who is prosecutor in the case, said he stands by his recommendation for ARD for the defendant, stating he has listened to the concerns of the victim but still feels the ARD placement is a proper solution.

Matika then placed Morales for two years and ordered him to get both drug and alcohol and mental health evaluations and follow any recommendation for treatment, attend and successfully complete a anger management course, pay an assessment fee of $650 for the cost of the program and have no contact with the victim.

Other case

Timothy Scott Shelly, 57, of Weissport, was placed in the program for a year on a driving under the influence of a controlled substance charge. He was charged on Oct. 31, 2020, by state police at Lehighton along Fireline Road in Lower Towamensing Township.

He was assessed $650 and ordered to render 50 hours of community service and his license was suspended for 60 days.

Both defendants must also pay court costs of over $1,000 and a $50 per month supervision fee while in the program.

If both defendants successfully complete the conditions of the program their record will be wiped clean. However if they fail to complete it or are revoked from it, then they would face trial on all the charges filed. A person does not admit guilt in entering the program.