Prosecutors seek longer sentence if Nanticoke man is convicted of vehicular homicide

WILKES-BARRE — If Jose Calo is convicted of homicide by vehicle AND driving with a suspended license, a Luzerne County prosecutor wants to pursue the maximum sentence of five years in state prison.

A Luzerne County jury trial for Calo, 59, of Pine Street, Nanticoke, is scheduled for next week before President Judge Michael T. Vough.

Whether the trial proceeds remains unknown as Calo, in a hand written letter filed April 11, wants another defense attorney.

Plymouth police in court records say Calo crashed his Ford Explorer that struck James Mahon, 86, in the area of 10 E. Main St. on June 25, 2022.

Video footage showed Calo driving the Ford south on East Main Street weaving into oncoming traffic nearly colliding with other vehicles, court records say.

Calo briefly stopped before he accelerated and struck Mahon, who was pinned under a parked vehicle.

Calo mounted a curb causing the Ford to overturn near the Turkey Hill store where bystanders pulled him out of the wreckage, court records say.

Mahon was transported to Geisinger Wyoming Valley Medical Center in Plains Township where he died.

A blood test revealed Calo had fentanyl in his system, court records say.

Police charged Calo with homicide by vehicle, homicide by vehicle while driving under the influence, accidents involving death, driving with a suspended or revoked license, and several traffic violations.

Assistant District Attorney Daniel M. Marsh filed a motion this week to amend the offenses while seeking at least five years in prison if Calo is convicted of both homicide by vehicle and driving with a suspended license.

Calo, who is represented by conflict attorney Allyson L. Kacmarski, is seeking another attorney to represent him. It is the second time Calo has requested a new attorney as he was initially represented by former Luzerne County Chief Public Defender Steven M. Greenwald.

Greenwald was replaced as Calo alleged Greenwald, a 1977 graduate of Wyoming Valley West High School, knew Mahon, who was an assistant principal at the high school in the 1970s.

Vough has not ruled upon the motion by Marsh or on Calo’s request for a new attorney.