ORWIGSBURG - An East Brunswick Township man running for the state legislature no longer faces a driving under the influence charge, as a judge dismissed it Tuesday.
Ruling prosecutors did not produce sufficient evidence against James A. "Jamie" Barton, Magisterial District Judge James R. Ferrier dismissed the DUI charge after a 45-minute preliminary hearing.
"I don't feel there's enough evidence" to show the alcohol that Barton drank impaired his driving ability, Ferrier said in ruling against prosecutors.
Ferrier also dismissed three summary traffic offenses against Barton: Disregarding traffic lane, failure to drive at a safe speed and careless driving.
Barton said after the hearing that he will continue his campaign against state Rep. Jerry Knowles, R-124, to seek the GOP nomination in the May 20 Primary Election.
State police at Schuylkill Haven had alleged Barton was DUI to the extent that he was incapable of safe driving, the general impairment section of the DUI law, about 11 p.m. Feb. 24 on Reddale Road in West Brunswick Township. Police did not administer a full blood alcohol test to Barton and did not charge him under that section of the law.
"He had glassy, bloodshot eyes," Trooper Michael Pahira testified of Barton. "His speech was a bit slurred and he did have a strong odor of an alcoholic beverage emanating from his person. He just said he had a few beers."
Pahira said Barton told him a deer ran across the road and that in swerving to avoid it, he lost control of his Chevrolet Tahoe sport utility vehicle.
"I observed a Chevy Tahoe with severe front-end damage," Pahira said. "A telephone pole had been sheared in two."
Pahira also said a tree had been damaged and a tire was off Barton's SUV.
When cross-examined by Stephen T. Carpenito, Pottsville, Barton's lawyer, Pahira said he did not see the accident and could not say what the defendant's condition was at the time it occurred.
Trooper Stephen D. Kleeman, who was with Pahira at the accident scene, testified he saw no skid marks or indications that Barton had swerved. He also corroborated Pahira's testimony about Barton's condition.
However, he also testified on cross-examination that he did not see the accident and could not say what Barton's condition was at the time of the accident.
Richard J. Ketz, a friend of Barton's and a former East Brunswick Township supervisor, testified that he arrived on the accident scene before police and did not see any signs that he was intoxicated.
"He showed no sign of stagger or anything else. I did not detect any alcohol. He spoke very well," said Ketz, who now operates a driver training school.
Assistant District Attorney James P. Flagella said the troopers' testimony should be sufficient to support the charges. Pahira and Kleeman each testified that Barton had bloodshot eyes, slurred speech, staggering gait and an odor of alcohol, according to Flagella.
"The state has met its burden here," he said.
However, Carpenito successfully argued that prosecutors needed to show that at the time Barton was driving, the alcohol he had consumed made him incapable of safe driving, and that they had not done that.
"They have no idea" what condition Barton was in at the time of the accident, Carpenito said of the police. "They have not given any evidence that at the time of the accident, he was in violation" of the DUI law.
Flagella declined to comment on Ferrier's decision.
Carpenito said the case is at an end and people should accept that.
"The court system has ruled, and it's time for everybody to move on," he said.
After the hearing, Barton released a statement.
"I am certainly pleased that the charges have been dismissed at the earliest possible stage," the statement reads in part. "Certainly, my faith in our judicial system has been upheld and I couldn't have been more impressed with the professionalism of the state troopers who were on the scene."
He also said his mind now will turn to the campaign against Knowles.
"I am completely focused on the challenges and opportunities facing the taxpayers of the 124th," the statement continued. "The unfortunate aspect of this matter was Jerry Knowles' decision to politicize it and make it appear to people as though I was guilty before I'd even had my day in court. As a public official, Jerry Knowles should know better than anyone that people are innocent until proven otherwise. But Mr. Knowles is a career politician. He will say and do anything to win re-election and he owes the citizens of the 124th an apology."
Knowles could not be reached Tuesday for comment.