SUNBURY — Northumberland County Judge Hugh Jones upheld a 12 to 48-month state prison sentence for a former fire chief from Mount Carmel who pleaded guilty to sexually assaulting a 14-year-old junior firefighter.
On Monday, Jones denied a post-sentence motion filed by defense Attorney Sudhir Raman Patel, of Pottsville, on behalf of former Strong Fire Company Chief Kevin Mains Jr., 45, of Shamokin. Mains pleaded guilty to a felony count of sexual assault by a volunteer or employee of a nonprofit and was sentenced by Jones in January.
Patel argued that Jones considered dismissed charges from this case as well as a second case where the charges were withdrawn. Patel asked for the sentence to be vacated and for Jones to resentence Mains.
Mains, a U.S. Marine Corps veteran and a retired employee of state corrections, is accused of engaging in intercourse on four different occasions with a 14-year-old female junior firefighter from July through August 2018. Mains was originally charged with five felony counts of statutory sexual assault, sexual assault, aggravated indecent assault, sexual assault by volunteer or employee of a nonprofit and corruption of minors and an indecent assault misdemeanor. The remaining charges were dismissed.
Charges related to a second case were withdrawn. Mains was charged in the second case with misdemeanor counts of indecent assault and open lewdness and a summary count of harassment. He was accused of assaulting a 15-year-old girl in July 2021 while he was free on bail since July 2019.
Citing a state Superior Court decision in the Commonwealth versus Charles Stewart, Patel argued that a sentence cannot be enhanced by anything other than what the defendant pleaded guilty to. During the sentencing hearing in January, Jones said he wondered if Mains had a problem with minors since the original case wasn't an isolated incident.
Jones said Patel introduced the second case in question as a plea for leniency since the charges were dismissed. Jones said he sentenced Mains within the standard range, which was recommended in the post-sentence investigation.
Patel also said the commonwealth, which was represented by Assistant District Attorney Leslie Bryden, did not oppose a county sentence. Jones said he had the final say.
"The ultimate authority on who gets what is right here," said Jones, referring to himself.
Jones then denied the motion.
In addition to the prison sentence, Mains was also ordered to pay a $100 fine plus court costs and fees and follow any sex offender requirements from state supervision upon release.
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