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By DAVID WEISS dweiss@leader.net
Wednesday, March 19, 2003 Page: 1A
WILKES-BARRE – Still expressing his innocence, Exeter Councilman John
Petrucci was noticeably upset after entering a county rehabilitation program
Tuesday for his conduct in a drunken driving investigation.
The decision ends the criminal portion of the case between Petrucci and
part-time police officer Carrie Gula, who said the councilman asked her to
drop DUI charges against a friend.
The councilman was scheduled for trial Tuesday on a single count of
obstructing administration of law, but he opted for the Accelerated
Rehabilitative Disposition program on the misdemeanor after discussions
between his attorney and a prosecutor.
Luzerne County Court of Common Pleas Judge Peter Paul Olszewski Jr. ordered
Petrucci, 48, of Grant Street in Exeter, to spend one year in the program, pay
costs and fees and perform 35 hours of community service.
Petrucci did not admit guilt or wrongdoing by entering the program,
according to his attorney, Al Flora Jr. If Petrucci successfully completes the
program, the charges will be erased from his record, Flora said. And if he
violates any conditions, he could be removed from the program and rescheduled
for trial.
The program, offered to first-time offenders and similar to probation,
essentially did not minimize Petrucci’s punishment, said Assistant District
Attorney Robert Trichilo.
Had Petrucci been convicted at trial he would have likely been sentenced to
probation because of the nature of the offense and Petrucci’s lack of criminal
history, Trichilo said.
The obstruction charge stemmed from Petrucci asking Gula not to arrest his
friend Gary Ball on a drunken driving charge. He later asked the mayor and
police chief if anything could be done in relation to the charges.
The ARD entry brings the highly publicized case one step closer to being
over, with only Gula’s federal lawsuit remaining.
Flora said his client was bothered by the decision to enter ARD because he
considered the move as somewhat caving in to the charge.
“He has a problem with that,” Flora said. “He truly believes he did
nothing wrong. He’s an individual who doesn’t like giving up.”
For Gula, the step felt like a ton of bricks had been lifted off her
shoulders. “I could breathe.”
Gula said she realized Petrucci had the opportunity to enter ARD and
accepts that. She said she has no regrets in reporting Petrucci’s behavior and
hopes Petrucci learned a lesson.
“If I had to, I’d do it again,” Gula said. “What’s right is what’s
right.”
Petrucci initially faced a long list of additional charges, but they were
dismissed last year after a judge said prosecutors did not have enough
evidence to prosecute them.
Flora said he decided not to take the last count to trial because “it was
too good of an offer from the DA.” Prosecutors, he believed, offered the ARD
because they had an “extremely weak” case.
Trichilo said prosecutors did not offer Petrucci ARD. He said Petrucci,
just like any other first-time offender of a minor crime, was eligible for the
program. It was Petrucci’s decision to apply and prosecutors accepted it,
Trichilo said.
“We treated it like any other case,” said Trichilo, who was confident in
the strength of the case.
David Weiss, a Times Leader staff writer, can be reached at 831-7397.