The man arrested for driving drunk and crack cocaine possession New Year’s Eve in Pike County with former major league outfielder Len Dykstra in his pickup truck will face more court action.
After a preliminary hearing Tuesday, Magisterial District Judge Randy Schmalzle ruled a prosecutor presented enough evidence to send charges of driving under the influence of alcohol, possession of crack and a glass smoking pipe and other counts against Kevin Zelna, 37, of Scranton, to county court.
Zelna and his lawyer declined to comment after the hearing.
Dykstra prelim comes later
Dykstra, 63, also of Scranton, was also scheduled for a preliminary hearing Tuesday on charges he possessed the same crack cocaine and glass smoking pipe, but the hearing was postponed.
Dykstra’s lawyer has said the crack and pipe didn’t belong to the former ballplayer.
Trooper testifies about arrest
Assistant District Attorney Dave Marra called a single witness, state Trooper Kody Nowicki, who detailed why he pulled over Zelna’s silver 2015 GMC Sierra after 8 p.m. Dec. 31 and what happened next.
Nowicki said he pulled off Interstate 84 and headed north on Route 507 when he spotted Zelna’s truck repeatedly swerving. A check of its registration came up with a “dead tag,” the trooper testified.
A dead tag means a license plate that isn’t supposed to be in circulation, Nowicki said. The trooper said he turned on his car’s police lights and siren, but Zelna didn’t pull over right away.
The trooper testified he turned his car’s spotlight on Zelna’s truck and spotted Zelna reaching across the dashboard.
When Zelna finally stopped in Greene Twp., Nowicki said he approached the Sierra on the passenger side and “detected a strong odor of alcohol,” but it was coming from the driver’s seat.
Except for one instance, Nowicki mostly referred to Dykstra as “the passenger.”
Nowicki said he asked Zelna for his driver’s license, the truck’s registration card and proof of insurance.
Zelna refused so Nowicki called for additional troopers. A sergeant and corporal arrived.
Nowicki testified he returned to the truck along the driver’s side and asked for the documents again.
'Sovereign citizen'
Again, Zelna refused, repeatedly claiming he’s a “sovereign citizen” who didn’t have to cooperate with police, the trooper testified.
Sovereign citizens view existing American governmental structure, including the courts and law enforcement, as illegitimate.
Nowicki said he opened the truck door and tried to pull out Zelna, who pulled away. Eventually, the trooper got Zelna to the ground.
Zelna “was flailing on the ground” in the middle of Route 507 as he tried to subdue him, Nowicki said. It took 20 to 30 seconds, he said.
No one was injured, he testified.
'Glossy, bloodshot eyes'
Zelna smelled of alcohol and had “glossy, bloodshot eyes” and dilated pupils, usually a sign of narcotics ingestion, Nowicki said. He put Zelna in a police car and prepared to arrange for a tow truck because the invalid license plate and an invalid vehicle inspection sticker made the truck illegal to drive.
At that point, “the passenger asked for his belongings,” Nowicki testified. Nowicki wanted to see Dykstra’s identification card, but Dykstra said he didn’t have an ID or his credit card.
“He said the driver took it,” Nowicki testified.
Nowicki asked Zelna where the ID and credit card were, but Zelna said he didn’t have either.
“It may be in the glove box,” he said, the trooper testified.
The purse, the pipe, the crack
When Nowicki returned to the car, a trooper had found a small purse-like satchel containing the pipe and crack in the glove compartment.
“He (Dykstra) said he (Zelna) put this stuff (the satchel’s contents) in there,” Nowicki testified.
On cross examination by defense attorney Nick McIntyre, Nowicki said when another trooper pulled the satchel out of the glove compartment, he heard a familiar “clink,” referring to the sound of the pipe hitting something.
McIntyre tried to argue Zelna didn’t resist arrest, but Marra said pulling away and flailing on the ground amounted to resisting.
The judge agreed and sent all the charges to county court for further action.
Zelna faces charges of driving under the influence of alcohol; possession of a controlled substance; possession of drug paraphernalia; 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 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.
Zelna is free on $10,000 bail. Dykstra is free without bail.
