SHENANDOAH - A lack of three key witnesses forced Mahanoy Township police to withdraw charges against a 29-year-old Shenandoah man they alleged led officers on a high speed chase Aug. 22 that resulted in the fleeing car bursting into flames.
John M. Tym, 26 W. Centre St., Apt. 1, was originally charged with felony fleeing or attempting to elude police, misdemeanor recklessly endangering another person, and summary offenses of driving while operating privileges are suspended or revoked,
reckless driving, driving at an unsafe speed, following too closely and a passing zone violation.
Tym pleaded guilty to the driving at an unsafe speed and no passing zone charges while Mahanoy Township police Officer In Charge Brandon Alexander withdrew the remaining offenses.
Karen Noon, first Schuylkill County District Attorney, said Alexander was forced to withdraw the charges because without the three witnesses, he was unable to positively place Tym behind the wheel of the car involved in the chase that began about 10:40 p.m.
"It wasn't because we wanted to," Noon said about withdrawing the remaining charges. Magisterial District Judge Anthony J. Kilker then vacated the $35,000 bail that was holding Tym in Schuylkill County Prison since his arraignment on Oct. 26.
Two witnesses for the prosecution - Joshua Stevens and Nathan Forker, both passengers in the car during the chase - failed to show for the 9 a.m. court proceedings.
The third witness and owner of the car Tym was driving - Kortni Kenenitz - died since giving her statement to police during their investigation.
On Oct. 13, Kenenitz was found in the back seat of a car parked on a Kulpmont street.
No charges filed in death
Authorities said Kenenitz and Tym, her live-in boyfriend, consumed drugs and alcohol while partying at a home in Mount Carmel and later partied at a Girardville home before returning to Kulpmont.
Tym told police he "blacked out" after leaving the Mount Carmel residence and had no recollection of what happened after they left Girardville.
A warrant was issued for Tym's arrest on Sept. 29 for charges dealing with the chase and the man was taken into custody and arraigned on Oct. 26, court documents show.
No charges have been filed in the death of Kenenitz and the investigation continues.
In connection with the chase, Alexander charged Stevens with possession with intent to manufacture or deliver a controlled substance and misdemeanor offenses of possession of a controlled substance and possession of drug paraphernalia.
Alexander said the chase began near the village of Coles Patch, just west of Mahanoy City, when he tried to stop the westbound vehicle for traffic violations - following another vehicle too closely and passing in a no passing zone.
The officer said he activated his emergency lights to pull the vehicle over but the driver, later identified as Tym, fled for about five miles reaching speeds of over 100 mph.
Alexander said Tym drove through Boston Run and into Gilberton continuing through the Village of Maizeville and Mahanoy Plane until the car "bottomed out" and caught fire near the Flicker Hill just east of Girardville.