Dennis Powanda Jr. was sentenced Thursday to 6 to 24 months in state prison after being convicted of possessing instruments of crime in connection with a February 2023 incident in Port Carbon.
Schuylkill County Judge William Burke handed down the sentence, saying the jury in Powanda’s trial believed he was “up to no good” the night he was confronted by a property owner and shot three times.
The jury acquitted Powanda, now paralyzed from the waist down and confined to a wheelchair, of burglary and other serious charges. But jurors found him guilty of possessing several items — including flashlights and duffel bags — when he was shot by Vincent Yakaitis, the property owner.
Yakaitis testified that he was visiting the property late at night to put guns in storage and retrieve vehicle titles. He claimed he saw Powanda break in and that a confrontation followed, ending with Yakaitis shooting him. Powanda was accused of stealing a blue Sealy duffel bag from the property.
At trial, prosecutors could not prove burglary beyond a reasonable doubt, while defense attorney Joe Nahas sought to damage Yakaitis’ credibility. Burke acknowledged Thursday that Yakaitis’ testimony contained “substantial discrepancies,” but said he accepted the jury’s conclusion.
“I can’t apply the laws as I like it,” Burke said. “I can only apply the laws as they’re written.”
Powanda testified he was walking from his home in Mechanicsville to a friend’s house in Schoentown to return the duffel bags that friend had given him earlier.
Sentencing Arguments
Assistant District Attorney Jennifer Foose asked for a state sentence, noting guidelines call for 6-16 months.
“We sympathize he’s wheelchair-bound,” Foose said, “but his actions put him there.”
Nahas argued for county time with electronic monitoring, citing Powanda’s serious health complications. Powanda, who suffers from multiple infections, had been released from the hospital the day before sentencing. A hearing scheduled the week before was delayed because of his illness.
Nahas told Burke that even one month in prison could equal a “life sentence” for his client due to the care he requires. Powanda’s father also testified, saying his son is “a prisoner to his chair and bed” and depends on him daily.
Judge’s Reasoning
Burke rejected the request for county time, pointing to Powanda’s criminal record and continued drug use.
“County incarceration has been tried with you 10 different times,” Burke said. “You certainly paid a price but I have a job to do. I can’t, in good conscious, mete out a County sentence.”
Burke also noted Powanda admitted ongoing methamphetamine use. He said he could not ignore a pattern of prior convictions — at least 10 — and that the letter Powanda submitted to the court showed no acceptance of responsibility.
“After reading it, it looked more like a post-trial motion than a letter of remorse,” Burke said.
Next Steps
While Burke had instructed Powanda to be prepared to surrender at sentencing, he acknowledged Thursday that transport to a state facility would be difficult.
Instead, he ordered Powanda to report to Schuylkill County Prison on Sept. 23 to begin serving his state sentence.
Subscribe to Coal Region Canary
Get email updates from Coal Region Canary by becoming a subscriber today. Just enter your email address below to get started!Support Coal Region Canary
Like our reporting and want to support truly local news in Schuylkill County? Your small donations help. For as little as $5, your contribution will allow us to cover more news that directly affects you. Consider donating today by hitting the big yellow button below ...