Judge continues sentencing hearing for admitted Wilkes-Barre shooter

WILKES-BARRE — Sentencing guidelines call for a state prison sentence for Nicholas Lubinski, who admitted to shooting a man on Sambourne Street and endangering a person in another shooting on Blackman Street, both in Wilkes-Barre.

But those guidelines can be altered at the discretion of a judge due to a person’s criminal record, arguments by prosecutors and defense lawyers and acceptance of responsibility.

Such is the case with Lubinski.

Lubinski, 20, of Prospect Street, Wilkes-Barre, was scheduled to be sentenced Wednesday but was continued by Luzerne County Judge Joseph F. Sklarosky Jr.

Sklarosky postponed Lubinski’s sentencing hearing as Assistant District Attorney Daniel Mulhern was unavailable due to another matter outside the courthouse.

Sklarosky said he wants to hear from Mulhern before sentencing Lubinski.

Wilkes-Barre police detectives in court records say Lubinski fired multiple rounds from a .380-caliber handgun striking a man three times in the legs at 118 Sambourne St. on June 23, 2023.

Shell casings recovered from the Sambourne Street shooting were linked to the same firearm used in a shooting on Blackman Street on June 14, 2023, court records say.

Lubinski pled guilty to aggravated assault and persons not to possess a firearm for the Sambourne Street shooting, and reckless endangerment and criminal mischief for the shooting on Blackman Street, where a vehicle was struck by a bullet.

Lubinski’s attorney, Theron Solomon, strongly advocated for a lesser sentence for Lubinski to serve at the county correctional facility.

Assistant District Attorney James L. McMonagle said he could not speak if Mulhern is in agreement for Lubinski to serve a sentence at the county prison.

Sklarosky said the standard sentencing range is 15 to 25 months in state prison but wants to hear from Mulhern before imposing Lubinski’s sentence, which the judge scheduled for Aug. 27.