MOUNT CARMEL - A 13-year-old girl, who was among five teens injured in an alleged hit-and-run, drunk-driving accident March 28 near Mount Carmel Area Elementary School, was the only victim to testify Wednesday afternoon against her former elementary school teacher, who was held for court on all charges in the case.
"I didn't see what hit me," said Seanna Zimmerman when referring to the accident during a preliminary hearing for Victor E. Swaboski III, 38, of 320 S. Beech St., Mount Carmel. Swaboski, a sixth-grade teacher at Shamokin Area Elementary School, taught the witness when she was a third-grade student at Shamokin Area. Zimmerman is now an eighth-grade student at Mount Carmel Area Junior-Senior High School.
Zimmerman, of 449 E. Seventh St.; Mount Carmel, and her friends, Tyler Wondoloski, 18, of 802 W. Fifth St., Mount Carmel; Andrew Campbell, 16, of 411 N. Maple St., Diamondtown; Chelsea Troutman, 14, of 242 S. Peach St., Mount Carmel, and Jarret Schultz, 17, of 236 S. Poplar St., Mount Carmel, suffered various injuries in the 8:30 p.m. accident when Swaboski's blue 2004 Jeep Liberty exited the highway and either struck the teens directly or forced them to be pushed into bicycles or each other.
Police said Swaboski then fled the scene of the crash while dragging one of the bicycles with him before eventually removing it from the undercarriage of his vehicle and fleeing into a wooded area in Mount Carmel, where he was taken into custody a short time later.
The defendant, who has been suspended without pay until at least the remainder of the school year, was remanded back to prison at the end of 90-minute legal proceeding. He was later set free at around 9:15 p.m. Wednesday after posting $50,000 cash bail which was a reduction from the $100,000 cash bail originally set by Magisterial District Judge Hugh Jones.
He is charged by Mount Carmel Township Chief of Police Brian Hollenbush and Patrolman Daniel Politza with felonies of aggravated assault by vehicle while driving under the influence (five counts), flight to avoid apprehension and accidents involving death or personal injury (five counts); misdemeanors of driving under the influence of alcohol and recklessly endangering another person (five counts), and summaries of failure to provide information and render aid, reckless driving, failure to drive in a single lane and restrictions on alcoholic beverages.
Zimmerman said she was walking with friends in a grassy area off Beaverdale Highway at about 8:30 p.m. when the accident occurred. She said two of her friends were riding bicycles, while she and two others were walking.
Zimmerman stated, "When I woke up after being hit, I remember seeing Andy (Campbell) by the fence and Tyler (Wondoloski) next to me. I heard Chelsea (Troutman) screaming for Andy to wake up while I held Tyler's hand."
Zimmerman said she was flown by Life Flight helicopter to Geisinger Medical Center in Danville after suffering leg, foot and back injuries. She testified that she has returned to Geisinger and Penn State Hershey Medical Center for follow-up treatment.
Despite being nervous and a little scared about testifying in court, Zimmerman held up well while answering questions posed by Northumberland County Assistant District Attorney William Cole and defense lawyer Arlen "Rick" Day II of Pottsville, who was assisted by Attorney Eric Prock.
When interviewed outside the courtroom after the hearing, Zimmerman said, "It was hard testifying in front of Mr. Swaboski, who taught me in third grade. I don't want him to go to jail for a long time because he's a good teacher."
Although Zimmerman was sympathetic toward Swaboski, her mother, Brenda Miscavage, had a different opinion about the teacher. "I believe he should receive a stiff sentence for what he did," she said. "I don't care if he's a teacher or not. I'm satisfied with today's ruling by the judge and my daughter feels bad for him. But she shouldn't feel bad because when a person gets that hammered or even has one drink, they shouldn't get behind the wheel."
In addition to having her toes busted up and suffering concussion-like symptoms, Miscavage said her daughter also experienced some bleeding in the back of her brain.
Miscavage praised her daughter for having the guts to testify in the case.
"I felt it was necessary for me to be here to support my daughter and find out what's going on with the case," Miscavage said.
Schultz, who was outside Jones' office after the hearing, stated, "It's been stressful recovering from my injuries from the accident. He should never have been drunk. He could have waited until he got home to drink. I hope he gets a long sentence."
Swaboski, who appeared nervous at the hearing, did not comment during the legal proceeding or when escorted from the courtroom by state constable Larry Rompallo, who was assisted by state constables Glenn Masser and Pat Reynolds.
Jones allowed the defendant to confer with his attorneys and several family members, including his parents, who came to offer their support. While most family members declined to comment to the media, the Rev. Frank Karwacki, a cousin of the defendant and pastor of nearby Our Lady of Mount Carmel Church, described Swaboski as a "nice, quiet kid." He added, "This is a shock and tragedy for everyone involved. It's very sad. I came here to offer prayerful and moral support to my relatives."
Also testifying for the commonwealth were Hollenbush, Mount Carmel Patrolman Justin Stelma and Mount Carmel Township Officer David Stamets. The defense did not present any witnesses.
While responding to the accident, Hollenbush said he observed fluids and gouge marks on the highway near the elementary school. Upon arriving near the scene, the police chief said he heard numerous children yelling.
Hollenbush said a female witness told him she spotted a blue sport utility vehicle leaving the scene of the accident with a bicycle attached to its undercarriage, causing sparks to fly. He said the witness reported seeing the vehicle traveling east in the 800 block of West Fifth Street.
Hollenbush, who is an emergency medical technician, said he then checked on the injured children. He testified that Schultz and Troutman were sitting and crying on top of a grassy knoll. He said Campbell was found unresponsive with his face down, approximately three or four feet from Schultz and Troutman. He said Wondoloski was lying on his back in a gravel area near the highway and kept going in and out of consciousness. The police chief said Zimmerman was lying parallel to Wondoloski and was holding his hand while repeatedly telling him to wake up.
Hollenbush said Zimmerman and Campbell were flown by Life Flight helicopter to Geisinger, while Wondoloski was transported by ambulance to Geisinger. Troutman and Schultz were taken by ambulance to Geisinger-Shamokin Area Community Hospital.
Upon interviewing Campbell Monday afternoon with the permission of his parents, Hollenbush said he learned the 16-year-old suffered a fractured pelvis that required plates, screws and numerous stitches. He said the teen also suffered other injuries including lacerations on his back and a concussion.
He said Wondoloski broke vertebrae in his back and possibly tore some muscles. He said the teen has to wear a neck brace.
He said Zimmerman, Troutman and Schultz also suffered various injuries.
Hollenbush said all five victims suffered concussion-like symptoms.
Hollenbush said the investigation revealed that Schultz was riding a bicycle while Troutman was walking next to him when the accident occurred. He said Wondoloski was walking his bike near the highway, while Zimmerman and Campbell were walking next to Wondoloski.
He pointed out that the collision took place in a grassy area off the berm.
He said the Jeep Liberty sustained extensive damage.
The police chief, who did not witness the accident, said Swaboski showed signs of intoxication when taken into custody and placed in a holding cell. He said the defendant had an unstable gait, glassy eyes and a bright red face, and smelled from alcohol. He said police are awaiting the results of a blood test administered to Swaboski at Geisinger-Shamokin Area Community Hospital.
Stamets, who took numerous photographs of the accident scene, said the highway contained various gouge marks while the bicycle carried by the Jeep Liberty sustained extensive damage.
He testified that a can of Miller Lite beer was found in the console of Swaboski's Jeep, while other beer cans were located on the driver's side floor.
Stelma said he found several children lying in a grassy area upon arriving at the scene and was instructed to follow the Jeep Liberty that fled the scene.
The officer said the Jeep, which had dragged one of the bicycles through several borough streets, was found with its four-way flashers activated on South Beech Street. He said the vehicle doors were locked.
Stelma said he and three county adult probation officers then searched the area. He said a witness told the officers that he saw someone run into the woods. Swaboski was found lying on the ground in a wooded area, approximately 60 yards from the Jeep.
He said Swaboski had two beer cans in his hands, with one of them being open.
Stelma said when he told Swaboski there were kids involved in the accident, he replied, "Don't say that."
The officer said Swaboski's eyes were glassy and his speech was slurred when taken into custody. He said the defendant could barely stand.
Following the testimony, Day requested the judge to dismiss the charges of aggravated assault by vehicle while driving under the influence of alcohol, flight to avoid apprehension, reckless driving, recklessly endangering another person and restrictions on alcoholic beverages (open container of alcohol) due to insufficient evidence.
Cole argued that enough evidence was presented during the hearing to hold the defendant on all the charges.
After Jones ordered the case to proceed to county court, Day requested that his client's bail be reduced to $10,000 cash bail in hopes of having the defendant released from prison. "He's being punished already by being in prison," Day said. "He is a lifelong resident of Mount Carmel who has $2,000 in his bank account. He's willing to appear for all future court proceedings and is actually going to start rehab Monday through a program coordinated by the prison. I just want my client to have a proper way to defend himself."
Cole objected to the bail reduction, noting the serious nature of the offenses and the fact that Swaboski had fled from the scene of the accident and attempted to hide from police.
After conferring with the attorneys in his chambers for about 10 minutes, Jones decided to reduce Swaboski's cash bail to $50,000.
Swaboski was ordered to appear for plea court May 21 at Northumberland County Courthouse, where he can plead guilty or no contest or seek a trial by pleading not guilty.
Cole said he wouldn't be surprised if the case proceeds to trial. "It is what it is and we're pleased with Judge Jones' ruling today," Cole said.
Day added, "We will proceed to county court. You're innocent until proven guilty."
Heavy security was provided at the hearing. People entering the courtroom were searched for metal objects and several police officers not involved in the case attended the legal proceeding, which began at about 2:20 p.m.
Bystanders patiently waited on street corners and at Turkey Hill Minit Market, located across the street from Jones' office, to catch a glimpse of Swaboski as he was led from the courtroom at 4:40 p.m. to a constable's car before being returned to prison. No heckling or other commotions were reported by the small crowd that formed outside the office.