Former New York Mets and Philadelphia Phillies outfielder Len Dykstra told police the man driving him around New Year’s Eve put suspected drugs in his wallet that led to his arrest, according to a criminal affidavit filed against the driver.
Police found a plastic bottle with suspected methamphetamine and a glass smoking device in the wallet, but Dykstra said Kevin Zelna put “items” in there, according to the affidavit.
The affidavit was filed as part of drunken driving and other charges against Zelna, 37, of Scranton, the driver of the silver 2015 GMC Sierra that had Dykstra as a passenger on New Year’s Eve.
Zelna acted as if he were a “sovereign citizen” who didn’t have to cooperate with police, according to the affidavit.
“Sovereign citizens ... adhere to a view that the existing American governmental structure, including the courts and law enforcement, is illegitimate and that they, the sovereign citizens, retain an individual common law identity exempting them from the authority of those fraudulent government institutions,” according to an explanatory document available on the University of North Carolina School of Government website.
Police charged Zelna on New Year’s Day with two counts of driving under the influence of alcohol; possession of a controlled substance; possession of drug paraphernalia; two counts of altering or forging vehicle ownership documents; resisting arrest; failing to produce identification, a vehicle registration or proof of auto insurance; failing to drive in a single lane; operating a vehicle with an expired registration; operating a vehicle with no insurance and no valid inspection sticker; using a fraudulent license plate; and careless driving.
Dykstra, 62, of Scranton, is charged with intentionally possessing a controlled substance, use or possession of drug paraphernalia and failing to change the name or address on his identification within 15 days.
Dykstra was a passenger when police pulled Zelna over on Route 507 in Greene Twp. shortly after 8 p.m. because a computer check showed the Sierra bore a “dead” license plate, according to the affidavit that Trooper Kody Nowicki filed against Dykstra on Monday.
In the affidavit filed against Zelna four days earlier, on New Year’s Day, Nowicki wrote that Zelna drove outside his lane “numerous times.”
Nowicki turned on his police car’s lights and siren, but Zelna wouldn’t stop. Nowicki turned on his spotlight and saw Zelna reach for the glove compartment.
“Ultimately, the suspect vehicle pulled to the right-hand side of ... Route 507” in Greene Twp., Nowicki wrote.
In the affidavit against Dykstra, Nowicki said the former baseball player asked for permission to get his personal belongings, which were in “a pouch or purse-style container” in the glove compartment.
“As the passenger opened the pouch to confirm the presence of his identification and credit card, troopers observed, in plain view, a glass smoking device and a jar/container containing suspected narcotics,” Trooper Kody Nowicki wrote in the affidavit.
Based on his training and experience, Nowicki “identified them as a plastic container holding suspected crack-cocaine/methamphetamine and a glass smoking device containing suspected drug residue,” he wrote in the affidavit. “The suspected narcotics were located inside the pouch claimed by the passenger, which also contained his identification and credit card.”
The affidavit against Zelna identifies the substance only as suspected methamphetamine.
Nowicki asked Zelna for his driver’s license, vehicle registration and proof of insurance.
Zelna refused to provide them, claimed he was “‘traveling’ and all of the vehicle information is listed on a ‘trust’,” according to the affidavit filed against him.
These terms are commonly used by people who claim they are sovereign citizens, the trooper wrote.
Nowicki said Zelna had “glassy, bloodshot eyes, dilated pupils and a heavy odor of alcoholic beverages. “
Dykstra did not smell of alcohol, Nowicki wrote.
Zelna refused to get out of his truck so Nowicki had to forcefully remove him. Troopers brought him to the ground. He continued to resist arrest but was eventually subdued.
Dykstra told police Zelna took his wallet and placed “items” in it. He consented to the search of the wallet, which turned up the suspected drug and smoking device, according to the Zelna affidavit.
Dykstra's lawyer responds
Attorney Matthew Blit has said he believes Dykstra will be exonerated.
"We firmly assert that the alleged narcotics did not belong to Lenny, who is currently recovering from a serious stroke," Bilt said in a statement sent to WVIA and other media outlets. "Lenny was not knowingly in possession of or under the influence of any narcotics on his person and was not taken into custody at the scene. The driver was arrested and taken into custody at the scene and accused of 17 counts, including being under the influence. Not Lenny. Attorney Tom Mincer and our team remain steadfast in our commitment to absolving Lenny of all possession charges."
Dykstra’s preliminary hearing is scheduled for Feb. 3 at 9 a.m. He is free without bail.
Zelna is free on $10,000 bail. His preliminary hearing is scheduled for Jan. 13 at 9 a.m.
