Schuylkill County prosecutors said Thursday they will refile driving under the influence and related charges against a state legislative candidate from East Brunswick Township.
District Attorney Christine A. Holman said the charges will be refiled by today against James A. "Jamie" Barton and will be heard by a different magisterial district judge than the one who dismissed them Tuesday.
"We're refiling ... because we believe the commonwealth met its burden of proof in a preliminary hearing wherein both officers testified at length that Mr. Barton had all of the telltale signs of intoxication and, further, that his condition rendered him incapable of safe driving," Holman said.
Holman said Magisterial District Judge James R. Ferrier told her he would recuse himself from the case. She said she would have requested that a different magisterial district judge hear the case if Ferrier had not recused himself.
Ferrier had dismissed charges of DUI, disregarding traffic lane, failure to drive at a safe speed and careless driving against Barton, 49, of Orwigsburg, who is challenging state Rep. Jerry Knowles, R-124, in the May 20 primary election.
"We disagree respectfully with Judge Ferrier's decision," Holman said.
Ferrier could not be reached Thursday for comment on the matter.
State police at Schuylkill Haven alleged Barton was DUI to the extent that he was incapable of safe driving, the general impairment section of the DUI law, about 11 p.m. Feb. 24 on Reddale Road in West Brunswick Township. Police did not administer a full blood alcohol test to Barton and did not charge him under that section of the law.
Holman said Barton refused to take a blood alcohol test, and prosecutors might use that fact at a second preliminary hearing.
"We may introduce ... the form that lays out your rights when you refuse the blood (alcohol) test," she said.
She also said other witnesses who did not testify on Tuesday might do so at the new hearing.
State law allows refiling of such charges even without any new evidence.
In dismissing the charges, Ferrier had ruled that prosecutors failed to offer evidence that the alcohol Barton drank had impaired his driving ability at the time of the accident.
Stephen T. Carpenito, Pottsville, Barton's lawyer, said he had not talked with his client but was disappointed with Holman's decision.
"It's somewhat upsetting obviously, but we'll move forward and defend this one like we defended the last one," he said.
Barton said after Tuesday's hearing that he will continue his campaign against Knowles, a former Schuylkill County commissioner and Tamaqua mayor who is seeking his third full two-year term representing the 124th District, which includes parts of Schuylkill and Berks counties.