Two men, with very different charges against them, were sentenced yesterday at the Centre County Courthouse in Bellefonte before Judge Tom Kistler. Unhappy with Kistler's decisions, District Attorney Ray Gricar said he will appeal the outcomes of both sentences to the superior court of Pennsylvania.

"I can't remember the last time I criticized a ruling -- I'm not sure I ever did," Gricar said.

Jean M. Celestin, 22, a former Penn State wrestler was sentenced yesterday to serve six to 12 months in Centre County Prison for sexual assault charges stemming from an incident in August of 1999 when he and former Penn State student and wrestler, Nathaniel Parker, were charged initially with rape.

Twenty-one-year-old Parker was found innocent of all charges. Celestin, however, was convicted with sexual assault charges. Rape, involuntary deviate sexual intercourse and indecent assault charges against Celestin were dropped from Kistler's ruling on Oct. 5.

Gricar's other complaint stems from the nine to 24 months Centre County Prison sentence given to convicted embezzler, John C. Marshall, who stole upwards of $350,000 from Penn State over a span of more than 14 years while he was employed at the university.

"Both of these cases are major to the university. A student was sexually assaulted. The university itself was ripped off," Gricar said. "I don't understand -- I can't explain it."

Gricar said the sentencing guidelines recommended for Celestin ranged from three to six years in a state prison.

"I'm very angry about that sentence," Gricar said.

A standard of three to six years in a state prison was feasible, Gricar said, "He sentenced way lower in my opinion."

"This is a sexual assault case . . . to me, it's an insult to the victim," Gricar said. "This was a long case for the DAs office and for the victim to go through."

Josey Tuel, office manager of defense attorney Joe Devecka, said Devecka gave a statement and declined further comment on the ruling.

"The judge was justified in departing from the sentencing guidelines," Celestin's attorney said in the statement.

Gricar disagreed.

"A jury unanimously convicted him of a second degree felony," Gricar said. "As far as I'm concerned, I don't believe this proverbial slap on the wrist is enough."

After the rulings yesterday, Gricar decided to appeal both sentences.

"We will appeal to the superior court on his decision," Gricar said.

Kistler said he looks at what the lawyers present and makes his decisions from that information.

"I can't go toe-to-toe with the lawyers," Kistler said. "The lawyers can argue -- I just sit here and take it in."

Gricar was also unsettled with Kistler's decision for Marshall's sentence to a county prison and the impression it leaves with other possible criminals.

"In Centre County Prison, people go to jail for stealing small things -- he was stealing as a way of life," Gricar said. "White collar crime is especially susceptible to deterrence. When people like Mr. Marshall get a county prison sentence, people see that and they're just not afraid to do the same thing."

Marshall was involved with a 12 to 14-year embezzlement of university monies that involved four other men who took more than $350,000.

"It was just a real bad day at court," Gricar said.

Marshall's attorney, Joe Amendola was surprised with Gricar's decision to appeal the judge's sentence for his client.

"I thought the judge's sentence was justified under the circumstances of the case," Amendola said.

Amendola said considering Marshall's background, along with his treatment and progress, psychologically, Kistler made the right decision.

"Basically, what the judge did was within the sentencing guidelines," Amendola said.

In both cases, Gricar said he felt the sentences were too light for the degree of the charges.