SUNBURY - Three felony counts of aggravated assault by vehicle while driving under the influence of alcohol will not proceed to trial in a case against a former Shamokin Area teacher accused of driving into a group of teens in March before fleeing the scene, according to Erin Odell, a law clerk in the office of Northumberland County Judge Charles H. Saylor.
The charges against Victor E. Swaboski III, 39, of 320 S. Beech St., Mount Carmel, were dropped Thursday afternoon following a four-hour pre-trial motion hearing in front of Saylor.
The judge found no evidence serious bodily injuries were suffered by Chelsea Troutman, 14, Seanna Zimmerman, 14, who was 13 at the time, and Jarret Schultz, 17, relating to the March 28 accident on Locust Gap Highway in Beaverdale near Mount Carmel Area Elementary School.
According to the vehicle code, a serious bodily injury is defined as "any bodily injury that creates a substantial risk of death, or causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ."
Saylor is not saying the teens were not injured or that their injuries were not caused by Swaboski, only that the injuries did not meet the code's requirements to be considered serious bodily injuries, Odell said.
Other charges stand
Charges of aggravated assault by vehicle while driving under the influence of alcohol in relation to Tyler
Wondoloski, 18, and Andrew Campbell, still stand and will precede to trial.
Campbell was also 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.
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 to avoid apprehension. A bike was lodged under his vehicle, causing a shower of sparks as he drove, witnesses said.
Zimmerman was flown by Life Flight helicopter to Geisinger Medical Center in Danville after suffering leg, foot and back injuries. Troutman and Schultz were taken by ambulance to Geisinger-Shamokin Area Community Hospital to be treated for various injuries.
Swaboski was also charged with felonies of 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. The charges were filed by Mount Carmel Township Chief of Police Brian Hollenbush and Patrolman Daniel Politza.
Testimony
Thursday's hearing started at 9:15 a.m. and ended at 1:45 p.m. and included two short breaks, Odell said.
Since it is the responsibility of the Commonwealth to provide evidence, the prosecution called each victim, six law enforcement officers - Hollenbush, Politza, Mount Carmel Patrolman Justin Stelma, Mount Carmel Township Patrolman Kelly Campbell and adult probation officer Dan Shoop - and three additional witnesses, Odell said.
Swaboski was represented by Attorney Arlen "Rick" Day II, of Pottsville. Swaboski, who was present, did not provide any testimony during the hearing.
No other changes to Swaboski's charges were made Thursday.
Free on bail
In June, Day had 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).
He also claims the commonwealth failed to present sufficient evidence to establish all necessary elements for the other charges, and 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 taken into custody by police minutes after the accident when officers said Swaboski attempted to hide in the woods near his home. Police said Swaboski was in possession of two beer cans when he was caught, one of which was opened.
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.