A local judge sent a 64-year-old Sandy Creek Township man to jail while sparing his son, who arguably committed more serious crimes.

“It’s a close call,” Mercer County Common Pleas Judge Christopher J. St. John said before suspending a jail sentence for Matthew L. Donahue, 41, of 41 Farrell Road.

Earlier, St. John sent Ova L. Donahue, of the same address, to Mercer County Jail for 6 to 23 months.

Matthew Donahue pleaded guilty Jan. 18 to selling seven morphine pills to an informant working with police for $360 April 4, 2007, on Glen School Road, Millcreek Township; 0.67 grams of methamphetamine for $200 Feb. 21, 2006, at 450 Fairview Road, Fairview Township; and a counterfeit substance that was supposed to be meth April 26, 2007, at his former home on Sheakleyville Road in New Vernon Township.

Ova Donahue, who pleaded guilty March 4, delivered the morphine for his son.

“How do you feel about setting up your dad?” St. John asked Matthew Donahue.

“I feel pretty bad about it,” he answered.

Ova Donahue, who suffers from untreated cancer and other ailments, acknowledged his judgment was faulty.

“I know I shouldn’t have done it,” he said.

“So, you want me to put you on probation when your father went to jail?” St. John also said to Matthew Donahue. “You made three deliveries and he only made one.”

Matthew Donahue pleaded for mercy for the sake of his daughter.

St. John said he considered the girl, the fact that Matthew Donahue made no money on the deals, would lose his disability payments if he goes to prison, which would result in him losing the mobile home he just bought, has serious health problems stemming from a 1994 motorcycle crash, and agreed to cooperate with other drug investigations.

St. John suspended Matthew Donahue’s jail term of 1è to 3 terms, meaning Matthew Donahue can be hauled into jail if he violates terms of his 3 years of probation.

“Don’t deviate one letter from your sentence,” St. John said.