2-to-5-year jail term ordered in drug cases
A Cranberry Township man was sentenced Thursday to state prison after being charged with heroin distribution and driving under the influence.
Austin J. Malone, 27, was sentenced to two to five years in a state correctional facility by Butler County President Judge Thomas Doerr. He was also ordered to pay court costs and $700 in fines, as well as complete 100 hours of community service and other court ordered DUI and drug treatment programs.
Malone was also resentenced on a probation violation, to run concurrent to the sate prison incarceration.
Malone pleaded guilty May 8 in three cases to felony possession with intent to deliver a controlled substance — heroin, misdemeanor driving under the influence of a controlled substance and summary driving on a suspended license.
For the probation violation, assistant district attorney Patricia McLean said that Malone was on supervision for a felony drug case, “and got three new arrests, one a felony drug case.”
Malone's attorney, assistant public defender Kimberly Hudak, asked that the violation be run along with the “lengthy” state prison sentence, as the violation is from a case that is five years old.
Malone apologized for his actions, saying he is “willing to put this behind me and can't wait to move on with my life.”
Police, including the Butler County Drug Task Force and Zelienople police, filed 24 charges against Malone in December after an investigation into the sale of heroin on three occasions, between May 10 and June 5, in Zelienople and Cranberry Township.
Police said Malone sold 10 stamp bags of heroin for $80 to a confidential informant on all three occasions — May 10 and June 5 at different stores in Zelienople and May 17 at a store in Cranberry Township.
Police said on two occasions Malone conspired with his girlfriend, Morgan R. Moretti, 20, of Zelienople, who also faces charges in the incident.
Officers arrested Malone shortly after the alleged June 5 deal.
Also in his vehicle, according to court documents, officers seized 50 additional stamp bags that were full, partially full or empty, as well as drug contraband.
Malone pleaded guilty to the felony possession with intent charge in that case.
Malone was also charged with 47 counts — including three counts of misdemeanor DUI controlled substance, 41 counts of possession of drug paraphernalia and summary traffic violations — after an incident on Perry Way at Perry Highway, Zelienople, on Aug. 29.
Zelienople police said while investigating a one-vehicle crash Malone was found to be driving under the influence.
Blood work found that Malone was under the influence of marijuana, police said.
He pleaded guilty to the DUI controlled substance count in that case.
Malone was also charged with misdemeanor possession of a controlled substance, 12 counts of possession of drug paraphernalia and summary driving on a suspended license after an incident on East Culvert Street on Nov. 2.
Zelienople police filed the charges after Malone was seen driving and was known by police to have a suspended license.
The vehicle was stopped and Malone told police that he was driving because Moretti was unable to back into their driveway. Police said Malone attempted to hide a suspicious package, which was found to be a packaged bundle of heroin.
Both Malone and Moretti were arrested. The criminal complaint in that incident states that Moretti took responsibility for the heroin. She awaits further court proceedings in that incident. Malone pleaded guilty to the summary suspended license charge in that case.
