MOUNT CARMEL - Drug and alcohol charges against a Mount Carmel Area High School student were held for court following a contentious preliminary hearing Wednesday afternoon.
Charges of driving under the influence, driving under the influence of alcohol while being a minor, driving under the influence of a controlled substance, possession of a controlled substance, possession of drug paraphernalia, underage purchase, consumption, possession or transportation of alcohol and being a minor operating a vehicle with alcohol in his system against Jeffrey P. Cooney, 18, of 920 Spruce St., Ashland, were ordered bound to court following a 15-minute hearing before Magisterial District Judge Hugh A. Jones, of Mount Carmel.
Cooney was one of three varsity football players that were charged with various drug and alcohol offenses following a Sept. 25 traffic stop along Route 54, across from the co-generation plant in Mount Carmel Township. David Meyrick Lamb Jr., of Marion Heights, was found not guilty of underage drinking in a summary trial Tuesday.
Assistant District Attorney Michael Toomey called one witness during Wednesday's hearing, Mount Carmel Township Police Patrolman David Stamets, the investigating officer.
Car on side of road
Stamets testified that he was on a patrol when he noticed a vehicle parked on the side of the road, one that wasn't there when he passed by 20 minutes earlier.
Upon stopping, Stamets said that Cooney came out of the vehicle to talk with him.
"He started to approach me and stated that he was sorry, that he didn't know that he couldn't park there and would move," he said.
The officer said he smelled alcohol on the teen, who the officer said had red, bloodshot eyes. The officer then asked the other four occupants of the vehicle to get out of the car.
Stamets said Cooney failed field sobriety tests and a preliminary breath test, but, according to the officer, not because of alcohol.
"He (Cooney) made a comment at one point that the breath test could be mistaken for alcohol because he had smoked marijuana an hour before," Stamets testified.
After taking Cooney for chemical blood testing at Shamokin Area Community Hospital, the officer said Tuesday Cooney made verbal statements about drinking alcohol and taking drugs that day. Results received in September showed Cooney's blood alcohol level was .049 percent on the night of the incident, above the .02 percent limit for drivers under the age of 21. Cooney's toxicology results tested positive for chemicals found in marijuana, also.
Stamets said he also found two containers with marijuana residue, glass pipes and other drug paraphernalia and an empty bottle of wine in the vehicle.
Why investigate?
County public defender Michael Romance asked Stamets what kind of patrol he was on when he saw Cooney's car on the side of the road.
"You testified that you were on regular patrol, but the affidavit says you were on a DUI roving patrol. Where did that order come from?" Romance asked.
"Ultimately, I answer to my chief, Brian Hollenbush," Stamets said.
Romance then asked what violations gave Stamets cause to stop and check the vehicle, and Stamets answered he was checking to see if the vehicle was disabled.
"If that's the case, why did you continue to investigate when my client came out of the vehicle saying that everything was okay?" Romance asked.
Romance continued to question the logic of the officer, even going to far to ask him if the stop was made because he was allegedly dating one of the females in the vehicle, a charge Stamets denied.
No basis
In closing arguments, Romance argued that there was no basis for the investigation that brought about the charges.
"The officer testified that there was no violations being committed, and the vehicle wasn't abandoned," Romance said. "There was no reason to stop and all the evidence to file these charges came after that."
"The argument that the defense is making is all well and good, but that's not for this court to decide," Toomey said. "This hearing is to determine prima facia, whether there is enough evidence to send the case to trial. The officer stopped to see if a person was stranded on the side of the road, and found a person with an odor of alcohol on him. Testing showed that he was under the influence and the items were found in his car."
Jones agreed that the evidence suppression argument could be made at the county court level, but there was enough evidence Wednesday to send the case to trial.
Next trial Wednesday
Cooney was the second player to face a court date on the Sept. 25 incident, but left the team for unrelated reasons following a two-game suspension.
The third player, Jacob Kleman, 18, of 1407 Poplar St., Kulpmont, will have a preliminary hearing before Jones on Wednesday. He is charged with misdemeanor crimes of possession of a controlled substance and possession of drug paraphernalia. He was also cited for underage drinking.