POTTSVILLE — A 42-year-old Palo Alto man who was shot and left paralyzed during a confrontation with a property owner in Port Carbon in 2023 was sentenced to up to two years in state prison.
Dennis Powanda appeared before Judge William L. J. Burke on Thursday to be sentenced on a misdemeanor charge of possession of instruments of crime stemming from the Feb. 7, 2023, incident. Investigators alleged he tried to enter a property owned by Vincent Yakaitis, of Palo Alto, who subsequently confronted him and shot him three times, leaving him paralyzed from the waist down.
In June, a jury found Powanda not guilty of felony burglary and criminal trespass charges, along with misdemeanors of theft by unlawful taking and receiving stolen property. The jury did, however, find him guilty of the remaining misdemeanor of possessing instruments of crime, finding that he carried a duffel bag with flashlights and gloves which he intended to use for nefarious purposes.
Although Powanda’s attorney, Joseph P. Nahas Jr., asked for an electronic monitoring sentence, the defendant was ordered to serve six to 24 months in state prison, as was requested by the commonwealth.
Burke said that was the lowest sentence he could give the defendant under the law. While he sympathized with Powanda’s condition — the defendant now uses a wheelchair — Burke said he must act according to the jury’s verdict.
“I have often said that I cannot apply the law as I’d like it,” Burke said. “I apply the law as it’s written, and I live by that. … I understand Mr. Powanda’s suffering from a physical disability, he’s in a wheelchair, he suffers considerable pain. … Nevertheless, in a lot of ways, Mr. Powanda’s actions put himself there.”
Burke also cited Powanda’s lengthy criminal record — this case resulted in his 11th criminal conviction — and his previous problems with narcotics and sexual harassment. He also said that a letter the defendant turned over to the court did not show any feelings of remorse or compassion.
Prior to the sentencing, Nahas argued for an electronic monitoring and probation sentence for his client rather than incarceration. He said that would be in Powanda’s best interest since he requires regular medical attention and believes he would not receive that in prison. Powanda also suffered an infection that had sent him to the hospital and resulted in postponement of the sentencing from last week, Nahas said.
Nahas also claimed that, during the trial, Yakaitis repeatedly lied under oath. The defense attorney said the property owner should have faced criminal charges for his role in the incident.
Powanda’s fate of being confined to a wheelchair for the rest of his life is “far more severe of a punishment than anything this court can do,” Nahas said.
Nahas called to the stand the defendant’s father, who testified that his son spends most of his time at home, is unable to drive and receives visits from healthcare workers five days a week. Once in a while, Powanda’s friends visit him at home, the father said.
Assistant District Attorney Jennifer Foose, representing the commonwealth, said that the case and resulting punishment should be based on Powanda’s actions, not Yakaitis’. She expressed concerns about Powanda’s friends bringing him drugs, and said that he would receive better medical attention in prison than he does at home.
“While we certainly sympathize that Mr. Powanda is now wheelchair-bound, his actions put him in that situation,” Foose said.