Magisterial District Court Reports
DUI

Kim M. Yordy, 2848 Nuangola Road, Mountain Top, has been charged with DUI: Highest Rate of Alcohol and BAC .02-2nd Offense by Ptmn. Shaun M. Zane, Rice Twp. Police Department. Charges were filed May 12, 2015.

According to the Affidavit of Probable Cause, Ptlm. Zane was dispatched to a reported one car motor vehicle accident in the area od 1400 Henry Drive. The caller stated that there was a female driver that appeared intoxicated. The female driver did not complain of any injuries.

Upon Ptlm. Zane’s arrival. He found the driver, Kim Yordy, herein known as the Defendant, seated in the driver seat alone. The vehicle was running and the keys were in the ignition. The Defendant denied any need for EMS. When asked about the crash, she would only state that she was coming from Bloomsburg,

Speaking with the Defendant, the officer noted her eyes were glossy and her speech was slurred. The officer could detect the smell of an intoxicating beverage on her breath. There were multiple air bags deployed in the vehicle. The officer asked the Defendant to get out of the vehicle. After several unsuccessful attempts to open her door, the officer opened it, While getting out of the vehicle, the Defendant had an unsteady gait and fell several times while walking to the patrol car.

The Defendant was again asked is she had sustained any injuries. She stated that she did not. She claimed that she was seat belted.

The officer then asked the Defendant to submit to field sobriety testing. The first test was the finger dexterity test, where the defendant was to choose one hand and touch each finger to the thumb while counting out loud from one to four. The Defendant used both hands and could not count to four while performing the test. She did not complete the test. The second test was the nine step heel to toe walk. The test was demonstrated to the Defendant. The Defendant took off her shoes and attempted the test. She could not maintain balance, and walked ten paces before failing to complete the test. The third test given to the Defendant was to stand with her feet together, tilt her head back with arms outstretched and touch the tip pf her nose with the indicated finger. The Defendant was unsteady and could not follow directions, using the wrong hand and tilting her head forward.

The Defendant was asked to submit to a portable breath test, She agreed and the results were .251%. The Defendant was advised she was being taken into custody on suspicion of Driving under the Influence.

Also, during records check, it was found the Defendant’s license was suspended, DUI related, on February 17, 2015. She was transported to Geisinger Wyoming Valley Hospital for a BAC by blood. At the hospital she again denied any injuries. The Defendant was read the DL-26 Chemical testing Warnings, indicated that she understood the warning, and submitted to the blood test. The results were .227%

A preliminary hearing hs been set June 10 at 10:30 a. m. before Magisterial District Judge Ronald Swank,

DUI, Drug Possession

Jake Louis Shypulefski, 7808 Blue Ridge Trail, Mountaintop, was charged with two counts of DUI, Possession of a Small Amount of Marijuana, Possession of Drug Paraphernalia, Driving at Safe Speed, and Improper Child restraint System by Officer Scott Rozitski of the Wright Twp. Police Department. Charges were filed on May 13, 2015.

According to the Affidavit of Probable Cause, on Wednesday, April 22, 2015 at 8:47 p. m. police were dispatched to 303 Church Road for a motor vehicle accident.

On arrival, police found a gray Subaru with heavy damage, blocking both lanes of traffic. The operator was standing outside the vehicle. After ascertaining he had no injuries and that he was the driver of the vehicle, he was asked for his driver’s license, registration and insurance cards. The operator had a strong odor of alcoholic beverage on his breath, glossy bloodshot eyes, slurred speech, and a staggered gait. He stated he was coming from a friend’s house, then a bar, where he spent most of the day, and on his way to pick his girlfriend up from work. He stated he was traveling east on Church Road when he crashed. He stated he didn’t remember what happened,

A witness at the scene stated that the Defendant was traveling at least 50 mph in a 35 mph zone when he unexpectedly left the roadway and struck a tree in front of 303 Church Road. He stated the vehicle rolled at least once before coming to rest.

The Defendant stated that he didn’t believe seat belts work and wasn’t wearing his. The operator agreed to perform field sobriety tests. He stated he would take them but the he’s “f___ ed” because he was going to fail. When asked why, he stated he had a lot of beer. He was explained and demonstrated the finger-dexterity, the one-leg stand test, and the nine-step-and-turn test. The operator was unable to follow simple directions and failed all three tests.

He was explained his O’Connell Warnings and agreed to a test of his blood. He was handcuffed and placed in the back of the patrol car.

At this time, a witness to the accident who stopped to assist, stated the Defendant attempted to give him a plastic bag containing marijuana. The witness, who was an off-duty police office, stated the Defendant said he is already “f___ ed” and doesn’t need this too. When the witness refused, he watched the Defendant put a bag of marijuana under a nearby tree. The officers checked the area and found a large plastic bag containing three smaller plastic bags of green leafy matter, six smaller bags with residue of green leafy matter. Found in plain view of the front seat of the Defendant’s vehicle was a vatra pouch containing a pipe which contained burnt residue.

The Defendant was read his Constitutional Warnings and stated the green leafy matter was marijuana and that it was his. He also stated the pipe was his. Green leafy matter was field tested and showed positive for marijuana.

The Defendant was transported to Geisinger Wyoming Valley for blood alcohol testing, The results showed the Defendant had a blood alcohol content of 0.147%. The Defendant was released to his mother at the hospital.

A preliminary hearing has been set for June 10, 2015 at 10:30 a. m. before Magisterial District Judge Ronald Swank.