Magisterial District Court Reports
Drug Possession

Cory J. Maconeghy, 27, 1216 Spruce St., Avoca, PA, has been charged with Possession of a Controlled Substance, Use/ Possession of Drug Paraphernalia, Driving While Operating Privilege is Suspended or Revoked, and driving an unregistered vehicle. The charges were filed on February 2, 2016 by Officer Scott Rozitski, Wright Township Police Department.

According to the Affidavit of Probable Cause, on Sunday, January 24, 2016 at about 9 a. m., while on patrol Officer Rozitski noticed a white Conte Paving plow truck pulled over to the side of the westbound lane of Crestwood Drive. The vehicle was off the roadway and the operator looked to be reading something on his lap. At about 10:54 a. m., the officer was patrolling the same location and noticed that neither the vehicle nor the operator had moved. He pulled behind the vehicle and noticed that it did not have a license plate and that the vehicle, at some point, had driven off the side of the roadway and was stuck in the ditch but had gotten out,

Officer Rozitski approached the driver’s window and observed the male operator sleeping. The vehicle was not running. The officer knocked on the window and the male woke up, looked at the officer and went back to sleep. The driver’s door was unlocked so the officer opened the door and the operator woke up. The operator had glossy, bloodshot eyes and slurred speech. He provided Officer Rozitski with a mutilated driver’s license which identified the operator as the defendant.

The operator was confused and wasn’t sure how much time he was sitting at that location. He stated he had been plowing all night and had just finished plowing Certainteed and was very tired. He stated after he plowed Certainteed, he was driving west on Crestwood Drive when he must have fallen asleep. He stated he woke up and his plow was stuck in the ditch. He also stated he had to walk back to Certainteed to get a backhoe then he drove to the plow, pulled it out, and then drove the backhoe back to Certainteed. He then walked back to the plow.

The defendant was eventually able to get the officer a registration for the vehicle that showed the plate that was supposed to be on the vehicle expired in April 2015. The officer checked the driver’s license that showed it was suspended. The officer returned the license to the defendant who stated he knew his license was suspended. The defendant was still confused and could not tell the officer what day or month it was or where he was. He was still slurring his speech and, upon exiting his vehicle, was unsteady on his feet. The officer advised him of his license and registration status and that the officer would give him a ride to the station so he could call his boss and get a ride.

Prior to getting into the officer’s patrol vehicle, the operator was asked to empty his pockets. Along with two pocket knives, some change, his wallet, and his phone was a plastic baggie containing several pills. When asked what the pills were for, he stated that they were Clonazepam, Adderal, Xanax, and Sublingual. He stated none of the pills were prescribed to him. The defendant also gave permission to search his drawstring bag that he had with him. Inside the pocket of the bag was a needle with a syringe. The defendant was transported to the Police Station where the officer called the defendant’s boss and the vehicle owner, Rich Conte. Unable to contact Conte, Ayers Towing was contacted to remove the vehicle from the roadway. After several attempts to get someone to pick up the defendant, he was given a ride and turned over to his grandfather.

A preliniary hearing has been scheduled For February 24, 2016 at 10:30 a. m. before Magisterial District Judge Gerald L. Feissner.

DUI

Joseph Anthony Evanick, 20, 112 Yeager Road, Mountain Top, has been charged with DUI: Minor-First offense, Purchase of Alcohol by a Minor, Duties at Stop Sign, and Minor Prohibited from Operating with any Alcohol in system. Charges were filed on February 3, 2016 by Pennsylvania State Trooper Larry McDaniel, Troop N. Fern Ridge.

According to the Affidavit of Probable Cause, Trooper McDaniel was on patrol January 30, 2016 at 2 a. m. when he observed a grey 2002 Nissan X-Terra being operated eastbound on Route 940 at I-80, White Haven Boro. McDaniel followed the vehicle and at the intersection of 940 at Berwick Street, the vehicle failed to stop at a clearly marked stop line for a posted stop sign. The vehicle then came to a stop well past the marked stop line.

Trooper McDaniel initiated a traffic stop at which time he spoke to the defendant who was seated in the driver’s seat. The trooper explained why he was being stopped and requested to see his documents. While speaking with the defendant, Trooper McDaniel detected a moderate odor of alcoholic beverage emanating from his facial area and noticed that his eyes appeared to be bloodshot and glassy. The defendant initially denied consuming alcoholic beverages and related that he was only 20 years old.

The trooper instructed the defendant to exit his vehicle and sit in front of the patrol vehicle. Standardized field sobriety tests were not administered due to the fact that the defendant was a minor. The defendant did supply a breath sample on a preliminary breath test that indicated a positive presence of alcoholic beverages about his breath. The defendant eventually admitted to consuming alcoholic beverages prior to driving.

The defendant was taken into custody for DUI and transported to PSP Fern Ridge Barracks where the defendant provided a breath sample that indicated he had a breath alcohol concentration of 0.055% at the time of testing. The defendant was then processed and released from custody.

A preliminary hearing has been set March 2, 2016 at 10 a. m. before Magisterial District Judge Gerald L. Feissner.