James Barbagallo, 50, designated “Habitual Offender” — has three DUI convictions, was originally charged with drug dealing, owes $1,746 in court costs

EAST STROUDSBURG, PA — An East Stroudsburg man who fled from Pocono Township Police and turned off his lights to avoid identification has an active bench warrant after failing to appear for a probation violation hearing last month.

James Joseph Barbagallo, 50, was convicted of obstruction of justice in February 2024 after prosecutors reduced fleeing and eluding charges as part of a plea deal. His criminal record spans 28 years and includes three DUI convictions, an original charge of drug manufacturing with intent to deliver, and a PennDOT designation as a “Habitual Offender.”

Now the court can’t find him.

Defendant:

• James Joseph Barbagallo, 50
• DOB: April 30, 1974
• Last Known Residence: East Stroudsburg, PA 18302
• Physical Description: White, brown hair, brown eyes

The Chase

On February 9, 2023, a Pocono Township Police officer was patrolling Sullivan Trail near Gravatts Way when he spotted a white Toyota pickup traveling the opposite direction with an equipment violation. The officer turned around to make a traffic stop. What happened next got Barbagallo charged with fleeing.

According to police, Barbagallo turned off his rear lights and accelerated. The officer activated emergency lights and followed as the Toyota turned onto Paul Terrace, where it finally stopped.

When police made contact with Barbagallo, they discovered his license was suspended DUI-related and his driver status was listed as “Habitual Offender” — a PennDOT designation for drivers with multiple serious violations.

He was charged with fleeing or attempting to elude police, a second-degree misdemeanor, plus habitual offender status, driving without lights to avoid arrest, driving on a DUI-suspended license, driving while suspended, driving without a license, careless driving, unsafe speed, and no rear lights.

The Plea Deal

Barbagallo waived his preliminary hearing in May 2023 before Magisterial District Judge Daniel Kresge. The case moved to Monroe County Court of Common Pleas.

By November 2023, prosecutors had offered a deal: plead guilty to obstruction of justice, a third-degree misdemeanor, and the fleeing charge and habitual offender status would be resolved. Barbagallo took it.

Judge Jonathan Mark sentenced him in February 2024 to two years probation, consecutive to jail time he was already serving on a prior DUI conviction. He was ordered to complete the Outmate Program and pay $1,406.50 in court costs. He hasn’t paid a dime.

Probation Violated, Warrant Issued

On October 3, 2025, the Monroe County District Attorney’s Office filed a petition for violation of restrictive probation. ADA James Thomas Fuller Jr. entered an appearance on the case.

Five days later, court mail to Barbagallo came back undeliverable. Judge Mark scheduled a probation violation hearing for November 24, 2025. The case now shows “Active Bench Warrant.”

28 Years of Criminal History

Barbagallo’s record starts in 1997, when he was 23.

That year, he pled guilty to DUI with a blood alcohol level of .10% or greater before Judge Ronald E. Vican in Monroe County. It was his first.

Twenty-four years passed before his next recorded conviction — but when it came, the charges were serious.

In March 2021, Barbagallo was arrested and charged with manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance — a felony. The case also included drug possession, paraphernalia, DUI, DUI-controlled substance, driving unregistered, improper plate display, driving while suspended, running a stop sign, careless driving, and no valid inspection.

The drug dealing charge appears to have been dropped. Barbagallo pled guilty to DUI — general impairment, first offense — and was sentenced to probation in September 2022. The case was resentenced twice, in May and August 2023, with three to six months confinement added each time.

Before that first case was resolved, Barbagallo picked up a second DUI in 2021. He pled guilty to DUI — general impairment, second offense — and was sentenced to three to six months confinement. Then came a third.

In 2022, Barbagallo was charged with DUI — general impairment, third offense — now a second-degree misdemeanor. He pled guilty before Judge Stephen M. Higgins in November 2022 and was sentenced to 30 to 60 days confinement plus 22 months probation. While all of this was happening, he kept driving.

Court records show at least three separate citations for driving while suspended between 2021 and 2022, all resolved with guilty pleas in May 2023 before Magisterial District Judge Kristina Anzini.

What He Owes

Barbagallo owes $1,746.13 across two cases:

• $1,406.50 on the obstruction of justice case (CP-45-CR-0001089-2023)
• $339.63 on a 2022 driving while suspended case (MJ-43201-TR-0002698-2022)

No payments have been made on either.

The bench warrant means any law enforcement officer can arrest Barbagallo on contact.

Anyone with information on his whereabouts should contact the Monroe County Sheriff’s Department at 570-420-3575 or Pocono Township Police at 570-839-7657.

Active Bench Warrant:

• Docket: CP-45-CR-0001089-2023
• OTN: R 438701-4
• Charge: Obstruction of Justice (M3)
• Offense Date: February 8, 2023
• Location: Sullivan Trail / Paul Terrace, Pocono Township
• Arresting Agency: Pocono Township Police
• Arresting Officer: Thomas J. Moser
• MDJ: Daniel Kresge (43-3-03)
• Judge: Jonathan Mark
• Disposition: Guilty Plea, February 8, 2024
• Sentence: 2 years probation (consecutive to prior DUI confinement)
• ADA: James Thomas Fuller Jr.
• Defense: Robert Allen Saurman (Saurman Law LLC)
• Probation Violation Filed: October 3, 2025
• VOP Hearing: November 24, 2025 (failed to appear)
• Court Costs Owed: $1,406.50

Original Charges (Reduced via Plea):

• Fleeing or Attempting to Elude Police (M2)
• Habitual Offender Status (M2)
• Driving Without Lights to Avoid Identification or Arrest (S)
• Driving on DUI-Suspended License (S)
• Driving While Suspended (S)
• Driving Without a License (S)
• Careless Driving (S)
• Driving at Unsafe Speed (S)
• Driving Without Rear Lights (S)

Prior Convictions:

Monroe County:

• CP-45-CR-0000862-1997: DUI — Blood Alcohol .10% or Greater (M2). Guilty plea December 23, 1997. Judge Vican.
• CP-45-CR-0000796-2021: DUI — General Impairment, 1st Offense (M). Guilty plea. Originally charged with Manufacture/Delivery with Intent (F). Sentenced September 15, 2022; resentenced May 31, 2023 and August 23, 2023 to 3-6 months confinement + probation. Judge Higgins.
• CP-45-CR-0003142-2021: DUI — General Impairment, 2nd Offense (M). Guilty plea. Sentenced September 15, 2022 to 3-6 months confinement.
• CP-45-CR-0001037-2022: DUI — General Impairment, 3rd Offense (M2). Guilty plea November 22, 2022. 30-60 days confinement + 22 months probation. Judge Higgins.
• MJ-43201-TR-0002698-2022: Driving While Suspended (S). Guilty plea May 18, 2023. Judge Anzini. Owes $339.63.
• MJ-43201-TR-0003612-2021: Driving While Suspended (S). Guilty plea May 18, 2023.
• MJ-43201-TR-0003613-2021: Display Plate in Improper Vehicle (S). Guilty plea May 18, 2023.

Total Court Costs Owed: $1,746.13

Barbagallo is presumed innocent on the probation violation until adjudicated.