Magisterial District Court Reports
DUI

Kyle Lucas Earley, 33, 320 Erie Street, White Haven, has been charged with DUI and related traffic offenses stemming from an incident that took place on November 6, 2016. Charges were filed December 5, 2016 by Officer David M. O’Brien of the White Haven Borough Police Department.

According to the Affidavit of Probable Cause, Officer O’Brien was traveling south on Route 437 in the area of Dixon Lane in Dennison Township when he observed a red vehicle come up behind him at a high rate of speed. The officer then observed the vehicle traveling in the same direction as he was, cross into the northbound lane, and overtake his patrol vehicle while climbing a steep grade hill and then cross back into its proper lane of travel.

The officer conducted a traffic stop with this vehicle being a red 2000 Ford F-150. He made contact with the sole occupant of the vehicle and requested he provide the officer with his driver’s license, registration, and proof of insurance. While the driver gathered the documents requested, the officer observed the vehicle displaying expired inspection of 6/2016.

The driver was identified as Kyle L. Earley, the defendant. While speaking with the defendant, Officer O’Brien detected the odor of alcoholic beverages emanating from the inside of the vehicle. He also observed the defendant’s eyes to be red and glassy and his speech to be slurred. The officer also observed the defendant’s movements to be slow. The defendant was made aware of the officer’s observations and stated that he had consumed two or three beers.

Officer O’Brien then requested the defendant exit his vehicle and perform standard field sobriety tests. As he exited the vehicle, the officer observed him to be unsteady on his feet.

After the tests, the defendant was taken into custody.

Search incident to arrest revealed that on the defendant’s seat in the vehicle was 1 opened and 1 empty Natural Ice beer brand, 1 full and unopened 25 ounce Natural Ice brand beer can. Located on the passenger side floor was 1 open and empty 375ml Seagram’s 7 brand bottle.

The defendant was then read the implied consent law and he verbally agreed to provide a blood sample. He was transported to Wilkes-Barre General Hospital. The defendant’s BAC result was 0.194% which is above the legal limit of 0.08%.

A preliminary hearing has been scheduled February 1, 2017 at 10 a. m. before Magisterial District Judge Ronald Swank.

Melissa Roth

Drug Charge

Melissa Roth, 28, 7 Oak St., Wapwallopen, has been charged with Use/Possession of Drug

Paraphernalia and Disorderly Conduct stemming from an incident that took place on December 5, 2016. The charges were filed on January 4, 2017 by Officer Andrew Hashagen of the Rice Township Police Department.

According to the Affidavit of Probable Cause, on December 5, 2016 at approximately 5 p. m. Ptlm. Hashagen was exiting the parking lot of Nelly’s Travel Plaza when a white Honda Civic was observed driving on Nuangola Road without its headlights on. It was dark at the time and the two vehicles in front of the Civic had their headlights on as did every other vehicle.

Ptlm. Hashagen initiated a traffic stop in the area of Nuangola Road and Bridge Street and identified the driver as Melissa Roth . She was asked for her information which she presented. Roth appeared to be shaking and was asked if she was okay. She stated that she was nervous because “who likes to get pulled over”. Roth was asked is she ever received a citation or was arrested and she stated she was arrested for possession with intent to deliver heroin by Kingston Police.

Roth was asked when the last time she used heroin was and she stated months ago but said she did use this year. Ptlm. Hashagen returned all documentation and asked Roth if there was anything illegal in the vehicle. She said there wasn’t. Ptlm. Hashagen requested consent to search the vehicle and Roth seemed concerned. The officer informed Roth that there was a K9 available and she could consent to have the dog sniff the car is she was more comfortable instead. Roth stated there was no problem and consented to the search.

While searching the vehicle, Ptlm. Hashagen found several empty wax paper baggies commonly used to package heroin and also found a bundle of heroin packets.

At this time Roth was taken into custody for possession of drug paraphernalia. Police also had probable cause to search the rest of the vehicle. A further search of the vehicle revealed an orange straw and a purple straw cut down to be used to ingest heroin and several more wax baggies. Due to the amount of property in vehicle making it hard to search, a K9 was requested. Wilkes-Barre Twp. Sgt. Mark Phillips and his K9 arrived on scene. The dog hit on the car and on several bags in the vehicle.

Roth was transported back to the Rice Township Police station where she was searched by Officer Paulshock, Wright Township. Roth was then read her rights and signed a waiver of her rights. She stated she was using heroin for 8 years and was using about 10 bags per time. Roth stated she had not used in about 3 days and that there was a grinder with heroin residue in it in the truck of the car. Roth signed a consent to search form. In the vehicle, a coffee grinder with suspected heroin residue was found.

A preliminary hearing has been scheduled February 8, 2017 at 10 . m. before Magisterial District Judge Ronald Swank.