A Shippensburg woman convicted of driving under the influence (DUI) and causing serious injuries in a three-vehicle collision was handed a local prison sentence Monday.
Adams County Court of Common Pleas Judge Thomas Campbell sentenced Anita Mallicone, 67, of Shippensburg, to 60 months in the Intermediate Punishment Program (IPP) with nine months in a restrictive setting.
Adams County Court of Common Pleas uses IPP as an alternative to jail by allowing a portion of the sentence to be served in a restrictive setting such as house arrest, inpatient treatment, or at the re-entry facility, according to the county website.
Mallicone will serve six months in Adams County Prison and three months on house arrest, if she can find a residence within the county, according to court officials. If she can’t secure housing in Adams County, she will need to serve all nine months in prison, according to her defense attorney Anthony Miley of Scaringi Law.
Prior to sentencing, Miley and Adams County District Attorney Brian Sinnett butted heads on whether Mallicone has shown remorse for her actions.
Mallicone was offered a plea that included no jail time and has not accepted responsibility for what happened, Sinnett said. He told Campbell that “a period of jail time” was warranted.
Sinnett recommended 11-and-a-half to 23 months of confinement with a concurrent five years of probation or 60 months IPP with 12 months in a restrictive setting.
However, Miley said he wanted the court to understand his client exercising her right to a trial should not be misconstrued as failing to show remorse for the crash.
“It is a tragedy,” Miley said of the 2017 crash.
Miley asked the court “to divorce” from “the accident and injuries.”
“Miss Mallicone has lost a lot,” Miley said, adding that she no longer has a social worker’s license.
On April 4, an Adams County jury rendered a guilty verdict against Mallicone on three counts each of aggravated assault by vehicle while DUI and aggravated assault by vehicle. The jury, made up of eight men and four women, deliberated for about two-and-a-half hours.
She was found not guilty of one count each of aggravated assault by vehicle while DUI and aggravated assault by vehicle, stemming from the April 14, 2017 crash.
Campbell found Mallicone guilty of DUI of a controlled substance, an ungraded misdemeanor, and a summary offense of following too closely.
Mallicone spoke in court Monday about waking up every day and thinking about the crash.
She said she would “never intentionally” place others or herself “at risk.”
Miley also asked the court to look at Mallicone as a person.
“She has devoted her whole life to helping others,” Miley said.
When Mallicone took the stand at trial, she said she turned to prescribed antidepressants in 2011 when her son “was basically dying” and needed a liver transplant.
“I needed it,” Mallicone had said while testifying.
Most people think the process is complete after a person has a transplant, she said.
“It is not over. It continues,” Mallicone said.
While the defense referred to the drugs in Mallicone’s system as “antidepressants,” the prosecution called them central nervous system (CNS) depressants.
On April 14, 2017, Mallicone’s 2014 Chevy Impala hit the rear of a 2006 Toyota Prius that was stopped in the 1500 block of Chambersburg Road in Cumberland Township, according to police.
The Prius was waiting for a vehicle in front of it to make a left turn when Mallicone “failed to see traffic stopped,” police said.
The Chevy sent the Prius into the eastbound lane, where it hit a 1990 Chrysler New Yorker head on, police said. A passenger in the Toyota and the driver of the Chrysler were airlifted, while three others were taken to Gettysburg Hospital, according to police.
The Toyota hit the Chrysler, spun counterclockwise and stopped in the eastbound lane, while the Chrysler ran off the south side of the road and struck a utility pole, according to police. The Chevy ran off the north side of the road, traveling about 120 feet before stopping, police said.
All five crash victims testified on the first day of the trial.
“I don’t remember the accident,” Billy Leonard of Gettysburg said at trial. “I was in a coma for ten days.”
Leonard recalled hurting all over and said he was in the hospital for six weeks.
Leonard had a collapsed lung, a fractured breastbone, rib fracture, fractured vertebrae in his spine, a tear in his spleen and underwent speech therapy, Sinnett said.
Sinnett told the court to give Mallicone any less than what the prosecution offered “would belittle” the injuries the victims sustained.
“Accidents can’t be avoided. This could have been avoided,” Sinnett said.
Sinnett said the sentence imposed was “essentially what we asked for,” noting it took into account Mallicone’s lack of a criminal record, “the criminality of her conduct, and the severe injuries the victims suffered.”
Campbell directed Mallicone to begin the restrictive portion of her sentence on July 26 at 6 p.m. at the Adams County Prison.
During proceedings, Miley noted he plans to appeal Mallicone’s case to the Pennsylvania Superior Court.