Scranton Man Charged Homicide in 2005 Fatal Crash (The Times Tribune)July 18, 2008
A city man accused of causing a fatal car crash in 2005 surrendered to authorities Thursday.
Dean Timothy O’Halloran, 25, of 705 Pittston Ave., is charged with criminal homicide, aggravated assault and vehicular homicide in the April 15, 2005, wreck that killed Diane Glynn, 45, of Hawley, a University of Scranton English professor and single mother of three.
“It restores, somewhat, the Glynns’ confidence that our justice system does, in fact, dispense justice,” said attorney Mark Tanner, who represents the Glynn family.
The charges were prompted after Mr. Tanner on Feb. 25 provided authorities with information he obtained during discovery in a civil case. The information included results of blood tests taken for Mr. O’Halloran’s workers’ compensation claim that showed his blood-alcohol level at 0.149 percent — nearly twice the legal limit of .08 percent — about two hours after he allegedly crossed the centerline on Route 590 in Salem Township, Wayne County, and collided with Ms. Glynn’s car
“State police did receive additional information and felt that it was a good idea to (re-examine) this case and look more closely, and we feel the appropriate action has been taken,” said Jack Lewis, state police spokesman.
According to a release issued Thursday by state Trooper Bill Satkowski, public information officer at Troop R in Dunmore, police did not have probable cause to request Mr. O’Halloran submit to a blood test after the crash.
Trooper Satkowski reported Mr. O’Halloran did not exhibit signs of intoxication, such as an odor of alcohol or slurred speech. The trooper stated neither police, ambulance personnel or a witness at the scene indicated Mr. O’Halloran appeared drunk, though the witness did observe Mr. O’Halloran’s truck weaving prior to the crash.
“While weaving or erratic driving could indicate intoxication, it could also indicate sleep deprivation, distracted driving, talking on a cell phone, illness or other things,” Trooper Satkowski wrote. “Consequently, standing alone, it does not provide probable cause of DUI (under state law). Since there was no probable cause, state police could not have properly demanded a blood sample, nor could they get a search warrant or subpoena to obtain Mr. O’Halloran’s medical records. Since such medical records are protected from disclosure, a warrant or subpoena was the only way police could have properly obtained these records.”
Based on the information provided by Mr. Tanner, state police initiated a follow-up investigation that ultimately led to Thursday’s charges, Trooper Satkowski reported.
“Our hearts go out to the family of Diane Glynn for their tragic loss,” said Wayne County District Attorney Michael P. Lehutsky. “Our thoughts and prayers are with them at this difficult time. It has been and remains my intention and the intention of the state police to see that justice is served in this matter.”
Police have also launched an internal investigation regarding the crash.
“We have a general internal investigation of the incident to make sure state police procedures were followed. That remains open at this point,” Mr. Lewis said.
The case has received national attention and was profiled on syndicated television show “Inside Edition” last month.
Mr. O’Halloran is the stepson of state police Sgt. Michael McTavish. Efforts to reach Sgt. McTavish, who works for the state police gambling enforcement office, were unsuccessful Thursday.
Mr. O’Halloran remains incarcerated in Wayne County Prison in lieu of $50,000 bail. He is scheduled to appear in Wayne County Court at 9 a.m. Wednesday.
Contact the writer: mreiter@timesshamrock.com
Related Information:
