Magisterial District Court Report

Kelly Ann Porzucek, 50, 6 Valley Stream Park, Mountain Top, has been charged with DUI, reckless driving, careless driving, and simple assault, stemming from an incident that took place on April 29, 2017. The charges were filed on May 3, 2017 by Ptlm. Andrew Hashagen of the Rice Twp. Police Department.

According to the Affidavit of Probable Cause, on April 29, 2017 at 12:42 a. m., Ptlm. Hashagen was dispatched to 2446 Blytheburn Rd. for a report of a 1-car motor vehicle accident, car vs. stone wall, unknown injuries, and the caller stated the driver appeared intoxicated. The caller stated the vehicle and driver were still on scene.

Ptl. Hashagen arrived on scene to find a female, later identified as Kelly Porzucek, leaning on her vehicle. He noticed the strong odor of alcoholic beverage coming from Kelly who became agitated when he attempted to speak with her. Her vehicle, a 2010 Toyota FJ Cruiser, was located on Dennis Kijek’s, the property owner, front yard which had ripped down his yard signs, damaged the yard, and damaged his stone wall.

Kelly was slurring her words, had blood shot eyes, and was unable to stand up on her own. Ptlm. Hashagen asked her if she was okay and she stated fine. He asked Kelly where she was coming from and she stated it was none of his business. He asked Kelly how much she had to drink and she again stated it was none of his business.

Ptlm. Hashagen began to walk Kelly to the patrol vehicle to attempt SFST’s when she pulled away and stated she knew “Gene” and he was a state trooper so Ptlm. Hashagen was not allowed to arrest her.

Kelly was taken into custody and placed in the back of the patrol car. He attempted to have Kelly perform the Horizontal Gaze Nystagmus test from a seated position but she would not follow instructions and kept saying that she was fine and that she knew “a lot of cops”.

Medic 9 arrived and evaluated Kelly who refused medical treatment. Hashagen retrieved registration and insurance information from the vehicle and noticed a 12 pack of Coors Light brand beer, 12 oz. cans, opened in the back seat; no empty cans were found there were only six cans in the package. Officer Hashagen returned to the vehicle and told Kelly she was under arrest in reference to driving under the influence. Kelly stuck her legs out of the vehicle and refused to get back inside. Kelly was yelling to call “Gene” to take her home. Hashagen and Officer Stahley assisted Kelly with getting her legs back inside the vehicle. She was bleeding from her mouth and attempted to spit blood on Ptlm. Hashagen several times. Kelly kept telling Hashagen to call her Trooper friends and stated that none of this mattered because she was going to get out of it anyway.

Kelly was transported to Wilkes-Barre City Police Dept. for a breath test. On the way to the hospital, Kelly threatened several time that she knew “everyone” and that the officers would not have jobs in the morning.

At The Wilkes-Barre City Police Dept., Kelly stated she would not take the breath test because she did not want her ex-husband to find out she got a DUI. Kelly stated several times that she was drunk and agreed to take the test but was unable to give a sample, which resulted in a refusal.

Kelly was transported to 6 Valley Stream Park but did not have her keys to get in. She was then taken to 633 Laurel Dr. to her friend’s house.

A preliminary hearing has been scheduled June 21, 2017 at 10 a. m. before Magisterial District Judge Ronald Swank.