Magisterial District Court Reports
Criminal Trespass, Break-In

Joseph David Pretko, 26, 900 Huntsville Road, Dallas, and Erik R. Forsberg, 25, 305 S. Mountain Blvd., Mountaintop, have been charged with Criminal Trespass-Breaking Into a Structure, Conspiracy to Break Into a Structure stemming from an incident that took place October 15, 2016 in Rice Township. Charges were filed on October 26, 2016 by Sgt. Harry Ehret, Rice Township Police Department.

According to the Affidavit of Probable Cause, on October 15, Sgt. Ehret was dispatched to 11 Nuangola Avenue for a reported vehicle in the lake. There were no occupants in the vehicle. He arrived on scene to find a BMW sitting in Lake Nuangola behind 9 Nuangola Avenue. The vehicle had its sunroof open and was partly hidden from sight by a tree.

The officer had the Luzerne County Communications Center run the vehicle for stolen and ownership. The officer was informed Joseph David Newton Pretko, 900 Huntsville Road, Dallas, PA owned the vehicle and it was not reported stolen. The officer looked around the boat dock and the property but was unable to locate anyone. Sgt. Ehret did notice that the home on the property where the vehicle was is for sale, and that there were several lights on inside. He asked the neighbor is the lights are usually on and she stated no, there should not be any lights on. Ehret noticed a set of car keys sitting on the rear porch. He went to the door and noticed the rear door of the property was broken into, that the doorknob was lying on the back porch, and that the window glass was smashed out of the door.

Sgt. Ehret, along with Officer Brian

Macko, entered the home through the rear door to clear the home. They located two males lying in a bed on the second floor rear bedroom. Both were ordered up against the wall, handcuffed and removed from the home and secured in police vehicles.

Ehret identified the males as John David Newton Pretko and Erik Forsberg. Both stated they were drinking at the River Grill in Wilkes-Barre the night before and left the bar around 2 a. m. and drove up to Lake Nuangola to stay at a friend’s house. Pretko stated that he was not familiar with the area and that’s when he drove his 2012 BMW into the lake. Both stated they were wet and cold and went to the door and knocked. There was no answer so that’s when they broke in to the house to gain entry. They stated they went to sleep and were awoken by police. Both were transported to the Rice Township Police Department and released to family. The officer noted that both individuals had an odor of alcohol on their person and noticed several areas of vomit on the floor near the rear door.

Sgt. Ehret spoke with the property owner and she informed the officer that the home is up for sale and there should not have been anyone in the home except for her real estate agent from Lewith & Freeman.

The vehicle was removed from the lake by Ayers Towing Service, Mountaintop, and secured in their lot.

A preliminary hearing has been scheduled for both Pretko and Forsberg on November 30, 2016 at 10:30 a. m. before Magisterial District Judge Gerald L. Feissner.

DUI

Charles August Jobst, 54, 14 Colonial Drive, Mountaintop, has been charged with DUI and driving while license is suspended or revoked stemming from in incident that took place in Wright Township on September 8, 2016. Ptlm. Kristen Paulshock filed charges on October 27, 2016.

According to the Affidavit of Probable Cause, Ptlm. Paulshock was dispatched to Church Road on September 8, 2016 at 7:43 p. m. for an erratic driver traveling east from S. Main Road to Route 309. Complainant was Officer James Harden, Tobyhanna Army Depot. The vehicle was identified as a red 2014 BMW SW leased to Keystone Surgical, Inc., 14 S. Mountain Blvd., Mountaintop. The vehicle was pulled into Fuel 309, S. Mountain Blvd., in a parking spot. Paulshock located the vehicle; there were two white males standing in the parking lot.

Officer Harden, who was off duty, waved Paulshock over and stated the other white male, was the driver of the BMW. The defendant was unsteady on his feet. Ptlm. Paulshock asked him to sit down on a large concrete block. He almost fell backward when Paulshock helped him sit. The complainant stated that he was traveling west on Yeager Road toward S. Main when he saw the red BMW parked in the parking lot of the New Life Community Church and the intersection of S. Main and Yeager roads.

Officer Harden stated that the vehicle pulled out of the parking lot and traveled through the grass to S. Main. He stated that he followed the BMW north on S. Main. The defendant traveled north in the southbound lane for about 200 meters before swerving into the right lane. The defendant then traveled right onto Church Road and he followed him traveling east. The complainant stated that the defendant traveled over the center yellow lines and the white fog lines several times. The complainant stated that he then called 911and provided the details of the vehicle and location. He stated the defendant’s speed varied from 25 to 60 mph. He also stated the defendant traveled east in the westbound lane of Church Road several times and had to swerve into the right lane for oncoming traffic.

The complainant stated the defendant traveled across Route 309 and the entered the 309 Fuel parking lot though the exit posted “Do Not Enter” and that the defendant opened and closed his door several time in an attempt to get out of the vehicle once or twice but got back. In. The complainant stated the defendant noticed his patrol car on 309 and saw the defendant stumbling toward him. The defendant asked the complainant if he had a gun and his speech was slurred. The complainant later provided a written statement of these events to Officer Paulshock.

Fairview Cpl. Dennis Monk arrived on scene and, along with Ptlm. Paulshock, spoke with the defendant and identified him as Charles A. Jobst, 14 Colonial Drive, Mountaintop. Paulshock asked him for his operator’s license and after a few minutes he stood up with difficulty due to being unstable on his feet. He removed a military ID from his wallet that identified him as retired from the Navy. He was again asked for his operator’s license. He stated that in 2014 his attorney, Mark Mack, told him he would not have a license until 2016 due to having had a DUI in 2014 and 1983. Comm center checked his PA Operator’s License and it was suspended, DUI related.

The defendant’s eyes were glassy, his speech was slurred and at times the officers could not understand what he was saying. The defendant continuously referred to Cpl. Monk as Art Monk, a retired NFL player. He was so unsteady on his feet that the officers had to help him walk so he did not fall down. Due to his lack of balance, the defendant was not asked to perform field sobriety tests.

The defendant stated that he left work at Wilkes-Barre General Hospital, stopped nowhere and came right home. He denied being parked at the New Life Community Church. He denied drinking alcoholic beverages. He agreed to take a PBT administered by Cpl. Monk. The result was .170%. Since the DUI Processing Center was closed, Ptlm. Paulshock asked the defendant to consent to a blood test and he agreed. He was checked for weapons, handcuffed and placed in the back of the cruiser. Cpl. Monk got the defendant’s keys and cell phone from his BMW. While doing so, Cpl. Monk noticed two empty bottles of vodka in the drivers’ side door of the BMW; There was also a full bottle. The defendant was transported to

Geisinger Wyoming Valley for a BAC test. Upon arrival, the officers tried to help the defendant exit the vehicle but he became belligerent. After exiting the vehicle, the defendant became physically combative and pushed Cpl. Monk. The officers put him against the rear passenger side of the police SUV. The defendant scratched the paint off the cruiser with the handcuffs. When hospital personnel gathered his information in the BAC room, he became angry and refused to submit to a blood test. Ptlm. Paulshock the read the Chemical testing Warnings to the defendant. He changed his mind and consented to the blood test.

As the officers transported him to his home, the defendant began yelling and banging on the protective barrier between the front and back seats. He was taken home and turned over to his wife. She said he had not worked that day and he hadn’t been to work in two days.

The result of the blood test was 0.280%

A preliminary hearing has been set Nov. 30, at 10:30 a. m. before Magistrate Judge Gerald Feissner.