SUNBURY - The attorney for a former Shamokin Area teacher accused of being drunk when he allegedly drove into a group of teens in March and fled the scene claims his client was arrested without a warrant and probable cause and is challenging the seriousness of some of the injuries suffered by the victims.
Attorney Arlen "Rick" Day II, of Pottsville, representing Victor E. Swaboski III, 39, of 320 S. Beech St., Mount Carmel, will argue his claims during a pre-trial motion hearing at 9:15 a.m. Thursday, Nov. 29, before Northumberland County Judge Charles H. Saylor.
Medical records obtained
Last month, Day filed a motion to compel discovery evidence in the case. In the motion, Day states, "Crucial to this case is whether serious bodily injury occurred, as well as whether any injuries were the result of the defendant's
intoxication as opposed to any actions of the alleged victims."
Day said the records are critical to the defendant in preparing his defense.
On Sept. 18, Saylor ordered the commonwealth to provide the medical records within 30 days. Day said Friday he received them earlier this week.
"It is believed, and, therefore, averred, that the medical records contain exculpatory information as to the most serious charges against the defendant," Day wrote in his court motion.
Day has requested Saylor enter an order compelling the commonwealth to produce all evidence it obtained in the investigation.
Swaboski is charged by Mount Carmel Township Chief of Police Brian Hollenbush and Patrolman Daniel Politza with felonies of aggravated assault by vehicle while driving under the influence (five counts), flight to avoid apprehension and accidents involving death or personal injury (five counts); misdemeanors of driving under the influence of alcohol and recklessly endangering another person (five counts), and summaries of failure to provide information and render aid, reckless driving, failure to drive in a single lane and restrictions on alcoholic beverages relating to the March 28 accident on Locust Gap Highway in Beaverdale near Mount Carmel Area Elementary School.
Rights violated
In June, Day filed a pre-trial motion that claims Swaboski was arrested without a warrant and probable cause, which made the arrest unlawful while violating the defendant's rights.
Day's motion pertains to charges of aggravated assault by vehicle while driving under the influence of alcohol, flight to avoid apprehension, reckless driving, recklessly endangering another person and restrictions on alcoholic beverages (open container of alcohol).
During Swaboski's preliminary hearing April 4, Day requested Magisterial District Judge Hugh Jones dismiss those charges due to insufficient evidence. But Jones ruled enough evidence had been presented to hold Swaboski for county court on those and additional charges.
Day is challenging the five counts of aggravated assault because he doesn't believe each of the five teens suffered serious bodily injury. He also claims the commonwealth failed to present sufficient evidence to establish all necessary elements for the other charges.
Day said the results of chemical testing of his client's blood that he believes the commonwealth will provide as evidence at the defendant's trial are tainted and violate Swaboski's rights.
Swaboski was released from Northumberland County Prison in Sunbury after posting $50,000 cash bail following his preliminary hearing. His bail had been reduced that day from $100,000, which was set the night of the crash.
Witnesses said Swaboski, who officially resigned from his teaching position May 4, fled the scene after striking the teens, who were walking and biking near the road. They said he drove into Mount Carmel Borough to avoid apprehension. A bike was lodged under his vehicle, causing a shower of sparks as he drove, witnesses said.
He was taken into custody by police minutes after the accident when they said he attempted to hide in the woods near his home. Police said he was in possession of two beer cans when he was caught, one of which was said to be opened.
The accident victims were Seanna Zimmerman, 14, who was 13 at the time; Tyler Wondoloski, 18; Andrew Campbell, 16; Chelsea Troutman, 14, and Jarret Schultz, 17.
Zimmerman was flown by Life Flight helicopter to Geisinger Medical Center in Danville after suffering leg, foot and back injuries. Campbell also was flown to Geisinger after suffering a fractured pelvis that required plates, screws and numerous stitches. He also suffered other injuries, including lacerations on his back.
Wondoloski, who was transported by ambulance to Geisinger-Shamokin Area Community Hospital, suffered broken vertebrae in his back and possibly torn muscles.
Troutman and Schultz were taken by ambulance to Geisinger-Shamokin Area Community Hospital after suffering various injuries.