Court delays gun case sentence

By Joe Pinchot
Sharon Herald

Fri, May 16 2008

— Lawrence County Common Pleas Judge Thomas M. Piccione was ready to sentence Edward L. Wilkie to four to 10 years in prison, but backed off when Wilkie’s attorney protested that the sentence was not what Wilkie had expected.
Defense attorney William M. Panella asked that the sentence be delayed so he can talk with Wilkie over the weekend. Senior Deputy Attorney General Michael H. Ahwesh consented to the delay and agreed the sentence had not been completed, paving the way for Wilkie to withdraw his plea, if he chooses.
Wilkie, 32, formerly of the Buffalo area, pleaded guilty to possession of a controlled substance with intent to deliver, conspiracy to commit possession with intent to deliver, corrupt organization, a firearms sale violation and former convict not to own a firearm. The plea came as part of an investigation into a plot to buy guns illegally in support of the drug trade. As part of the plot, guns were bought at a Hermitage gun store, whose employees tipped off authorities.
While acknowledging Piccione’s discretion to issue any sentence he sees fit, Panella and Wilkie said Wilkie had taken the plea because it was their understanding his sentence would not extend past a federal sentence Wilkie is serving.
“I’m guilty of several of these charges, not all of them,” Wilkie said.
Piccione said he was going to sentence to Wilkie to four to 10 years concurrent with his federal sentence. The four-year minimum would fall within the 2013 release date of his federal sentence.
However, Panella argued that the Pennsylvania Department of Corrections could decide Wilkie must serve more than his minimum, and could keep him until about 2017, accounting for 392 days credit for the time Wilkie has spent in the Lawrence County jail.
“They’re not going to parole him until they want to parole him,” Panella said of state prison officials.
Ahwesh said Wilkie would have to at least spend enough time in state prison to be processed and paroled. Wilkie will not simply be released by the U.S. Bureau of Prisons once he completes his federal sentence, Ahwesh said.
Piccione said he was not willing to drop the sentence to two to four years or two to five years.
“These are grievous offenses,” Piccione said.
Piccione earlier had told Wilkie he will have to straighten out his life and start thinking more about his son.
“I don’t know how many times someone has to get hit by a 2-by-4 before they say, ‘Hey, what’s going on here,’” Piccione said, referring to Wilkie’s two-page criminal history.
Piccione also continued three other sentencings related to Wilkie’s. E. Brandt Bythrow, attorney for Chanel Pompey, 23, of Buffalo, said he has a problem with Pompey’s prior record score, and asked for a delay.
Ahwesh then asked that the sentencings for Louis J. Glorioso, 53, and JoEllen Piccirillo, 51, both of New Castle, be delayed until after Wilkie’s and Pompey’s cases are completed.
Glorioso and Piccirillo testified before a grand jury that reviewed the case before charges were filed.
The fifth adult charged in the case, Donnell Johnson, 23, of New Castle, was sentenced last month to one to five years with credit for 208 days.
Glorioso, accompanied by Piccirillo, Pompey and/or a juvenile by the name of Pony, bought guns at Elite Firearms, Hermitage, in 2004. Other guns were bought in 2003 and 2004 in Lawrence County.
An investigation was launched in early 2004 after state police got a call from an employee of Elite, who reported unusual circumstances about the purchases: that the guns were paid for in small-denomination bills, Glorioso was accompanied by others, and on one visit, Pompey held a camera cellular telephone in front of his face the entire time.
Two of the guns bought at Elite were seized by New Castle and Buffalo police after the commission of crimes.
Glorioso said he and Piccirillo started buying crack cocaine from Wilkie, Pompey, Johnson and Pony — all associated with the “Fruit Belt Posse” of Buffalo — in summer 2002, and the posse members started asking Glorioso to rent cars and buy guns for them.