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By Edward Lewis elewis@timesleader.com
Staff Writer
WILKES-BARRE TWP. – A Noxen man had a blood-alcohol level more than three times the legal limit when he caused a crash that claimed the life of a Plains Township fire captain on April 1, a prosecutor said Tuesday.

Tommy James Patton, right, is escorted after being charged Tuesday.
Clark Van Orden/The Times Leader
Tommy James Patton, 31, an unemployed welder, was charged with homicide by vehicle while driving under the influence, accident involving death, drunken driving and several vehicle offenses.
Police allege Patton’s pickup passed through a red traffic signal at Wilkes-Barre Boulevard and Butler Street, Wilkes-Barre, and collided with an Isuzu pickup driven by Robert J. Kubicki.
Kubicki, 60, of Plains Township, was killed in the crash.
Luzerne County Assistant District Attorney Michael T. Vough said Patton had a blood-alcohol level of .266 percent immediately after the crash. An adult driver in Pennsylvania is considered legally intoxicated with a BAC of 0.08 percent.
“It’s a tragic situation for the family,” Vough said. “He was drunk, under the influence. Obviously, Mr. Patton has some type of alcohol problem.”
Vough said Kubicki was on his way to the Plains Township Fire Department to cover a shift for a co-worker.
Patton was arraigned by District Judge Michael Dotzel in Wilkes-Barre Township and jailed at the county prison for lack of $20,000 bail. Patton said he was “sorry” as he was led away in handcuffs.
Vough said police learned Patton visited several taverns, bought six-packs of beer and drank at least 12 beers before the crash.
According to the criminal complaint filed by city police officers Steven Lada and Phil Myers, and county Detective Lt. Daniel Yursha:
Cassandra Lavelle told police she was southbound on Wilkes-Barre Boulevard and slowing for a red traffic signal at the intersection with Butler Street when a pickup passed her at a high rate of speed and cut in front of her. She said the truck passed through the red light and collided with another vehicle.
After the crash, Lavelle said, she approached Patton and overheard him saying to a passenger, Roy Hart, in Patton’s truck, “Dude, I am so (expletive) if I get a DUI,” and suggested to Hart that he should run.
Hart was overheard saying to Patton, “You think you’re (expletive); You may have killed the guy. You better stay.”
Other witnesses told police they witnessed Patton driving at a high rate of speed and failing to stop for the red traffic signal. A state police reconstruction of the crash determined Patton was traveling at 47 to 56 mph when he crashed into Kubicki’s vehicle, according to arrest records. The Wilkes-Barre Boulevard speed limit is 35 mph.
Fletch said...
This guy needs to go to jail for a long time. How many more must die before PA with toughen the DUI laws? More jail time--more suspended license time; and a 2nd offense---vehicle impoundment and mandatory lisence suspension for at least 3 years and JAIL time. These drunks need to be controlled and an example set that it is NOT appropriate behavior to drink and drive.
May 13, 2009 at 9:00 AM
DS said...
It's unfortunate that it took a death to get this drunken moron off the road. Maybe he'll wise up after serving the mandatory minimum sentence of 3 years for killing someone while driving drunk.
May 13, 2009 at 10:03 AM
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