COMMONWEALTH OF POLICE CRIMINAL COMPLAINT

PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: Lackawanna. VS.
Magisterial District Number: 45-1-03
MDJ: Hon. Mag. Corbett DEFENDANT: (NAME and ADDRESS):
Address: 1629 Pittston Avenue KATHLEEN GRANAHAN SANE
Scranton, PA 18505 First Name Middle Name Last Name Gen.

Telephone: (570) 963-6516 1613 WYOMING AVE

SCRANTON, PA 18509

NCIC Extradition Code Type

❑ 1-Felony Full ❑ 5-Felony Pend. X C-Misdemeanor Surrounding States ❑ Distance:
❑ 2-Felony Ltd. ❑ 6-Felony Pend. Extradition Determ. ❑ D-Misdemeanor No Extradition
❑ 3-Felony Surrounding States ❑ A-Misdemeanor Full ❑ E-Misdemeanor Pending

❑ 4-Felony No Ext. ❑ B-Misdemeanor Limited ❑ F-Misdemeanor Pending Extradition Determ.

DEFENDANT IDENTIFICATION INFORMATION
Docket Number Date Filed OTN/LiveScan Number Complaint/incident Number Request Lab Services?
C IQ, % -a Dad 034 7/2022 (o q I- q 022-00007726
❑ YES IN NO
GENDER DOB 06 /1 4/1966 POB Add'I DOB / / •Co-Defendant(s) ❑
❑ Male First Name Middle Name Last Name Gen.
DC Female AKA
RACE IN White ❑ Asian ❑ Black ❑ Native American ❑ Unknown
ETHNICITY ❑ Hispanic Non-Hispanic ❑ Unknown
HAIR COLOR ❑ GRY (Gray) ❑ RED (RedtAubn.) ❑ SDY (Sandy) ❑ BLU (Blue) ❑ PLE (Purple) SRO (Brown)
❑ BLK (Black) ❑ ONG (Orange) ❑ WHI (White) ❑ XXX (Unk./Bald) Cl GRN (Green) ❑ PNK (Pink)
❑ BLN (Blonde /Strawberry)

EYE COLOR ❑ BLK (Black) [X BLU (Blue) ❑ BRO (Brown) ❑ GRN (Green) ❑ GRY (Gray)
❑ HAZ (Hazel) ❑ MAR (Maroon) ❑ PNK (Pink) ❑ MUL (Multicolored) ❑ XXX (Unknown)
DNA ❑ YES X NO DNA Location WEIGHT (lbs.)
FBI Number MNU Number
145
Defendant Fingerprinted ❑ YES ;l NO FL HEIGHT In.
Fingerprint Classification:
5 9
DEFENDANT VEHICLE INFORMATION
State Hazmat Reg i
stra ti on Comm 'I Veh. School Oth. NCIC Ve h. Co de Reg .
Plate # LPM7157 PA ❑ Sticker (MMIYY) Ind. ❑ Veh. ❑ same
VIN Year Make as Def.
Model Style Color
WA1 VXAF70MD000410 2021 Audi ❑

Office of the attorney for the Commonwealth ® Approved ❑ Disapproved because:

(The attorney for the Commonwealth may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior
to filing. See Pa.R.Crim.P. 507).

Gal Iagher, Br an
(Name of the attorney for the Commonwealth)
V. A pkons oSl
nlaoaa
(Signature of the attorney for the Commonwealth)
(Date)

1, SEPRISH, Ryan 304660 767

(Name of the Affiant) (PSP/MPOETC -Assigned Affiant ID Number & Badge #)

of Scranton Police Department PA0350400

(Identify Department or Agency Represented and Political Subdivision) (Police Agency ORI Number)
do hereby state: (check appropriate box)
1. ® Iaccuse the above named defendant who lives at the address set forth above
❑ 1accuse the defendant whose name is unknown to me but who is described as

❑ 1accuse the defendant whose name and popular designation or nickname are unknown to me and whom Ihave
therefore designated as John Doe or Jane Doe
with violating the penal laws of the Commonwealth of Pennsylvania at [ 302 ] SCRANTON CITY
ubdlvlsion Code) (Place-
Political Subdivision)
300 MEADOW AVE Scranton. PA 18505
in Lackawanna County [35 ] on or about 18:38 03/12/2022
(County Code) (Offense Date)

anpr d1 ?a — Rov .n7 /1R Pana1 of 7

 Docket Number:
4 POLICE CRIMINAL COMPLAINT
03/12/2022
Date Filed: OTN/LiveScan Number
Complaint/incident Number

KATHLEEN Middle: 2022 -

00007726
Defendant Name
I
GRANAHAN I
KLast:
iANE
The acts committed by the accused are described below with each Act of Assembly or statute allegedly violated, if
appropriate. When there is more than one offense, each offense should be numbered chronologically.
(Set forth abrief summary of the facts sufficient to advise the defendant of the nature of the offense(s) charged. Acitation to the statute(s) allegedly
violated, without more, Is not sufficient In asummary case, you must cite the specific section(s) and subsection(s) of the statute(s) or ordinance(s)
allegedly violated.)

I
I
Inchoate ❑ Attempt
❑ Solicitation ❑ Conspiracy
Offense 18 901 A 18 902 A Number of Victims Age 60 or Older
18 903

x I01 I I 101 IM I J
VC 3802 Al of the Title 75
Lead? Offense# Section 90D
Subsection

I I
PA Statute (Title

I I
PennDOT Data Accident Counts Grade NCIC Offense Code UCR/NIBRS Code
(if applicable) Number ❑ Interstate ❑ Safety Zone ❑ Work Zone
Statute Description (include the name of statute or ordinance):
DUI -INCAPABLE OF SAFE DRIVING
Acts of the accused associated with this Offense:
GENERAL IMPAIRMENT.

On or about 03/12/2022 [date], the actor, Kathleen Kane [defendant's name], unlawfully drove, operated or was
in actual physical control over the movement of avehicle in the area of Moosic St and Meadow Ave,
Lackawanna County, Pennsylvania, after imbibing a sufficient amount of alcohol an individual may not drive,
operate or be in actual physical control of the movement of avehicle after imbibing a sufficient amount of
alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical
control of the movement of the vehicle.

Inchoate
Offense
❑ Attempt
18 901 A
I❑ Solicitation
18 902 A
I ❑ Conspiracy
18 903 Number of Victims Age 60 or Older

El I I I I
O2 I
VC 3714 A Title 75
of the 1 S
Lead? Offense# Section Subsection *75

I I
PA Statute (Title
PennDOT Data Accident Counts Grade NCIC Offense Code UCR/NIBRS Code
(if applicable) Number
Statute Description (include the name of statute or ordinance):
❑ interstate ❑ Safety Zone
I ❑ Work Zone

CARELESS DRIVING

Acts of the accused associated with this Offense:

CARELESS DRIVING The Actor, KANE, in the County of Lackawanna, drove a vehicle, on a highway or
trafficway, in careless disregard of the safety of persons or property, in violation of Section 3714 of the
Pennsylvania Vehicle Code, Act of June 17, 1976, as amended, 75 Pa. C.S. 3714

AOPC 412A —
Rev. 0
7/
18
Page 2 of 7
 POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTN/LiveScan Number Complaint/incident Number
03/12/2022 2022-00007726
First: Middle:
Defendant Name Last:
KATHLEEN GRANAHAN iKAN E

2. 1ask that awarrant of arrest or asummons be issued and that the defendant be required to answer the charges Ihave
made.

3. 1verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief.
This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S. §4904) relating to
unsworn falsification to authorities.

4. This complaint consists of the preceding page(s) numbered 3 through ? .

5. 1certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System
of Pennsylvania that require filing confidential information and documents differently than non-confidential information and
documents.

The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonwealth
of Pennsylvania and were contrary to the Act(s) of the Assembly, or in violation of the statutes cited.
(Before awarrant of arrest can be issued, an affidavit of probable cause must be completed, sworn to before the
issuing authority, and attached.)

03 12 2022
(Date) (Year) (Signature of Afflant)

AND NOW, on this date I

!• a I-r k /
1 ,7 Icertify that the complaint has been properly completed and verified.

An affidavit of probable cause must be completed before awar aht can be issued.

45-1-03
(Magisterial District Court Number)
gAuthority)

AOPC 412A — Rev. 07/18

 4
, $ POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTN/LiveScan Number Complaint/Incident Number
03/12/2022
2022-00007726
First: Middle: Last:
Defendant Name:
KATHLEEN GRANAHAN KANE

AFFIDAVIT of PROBABLE CAUSE

1) On March 12, 2022, 1Officer Ryan Seprish of the Scranton Police Department was
dispatched to the intersection of Meadow Ave and Moosic Street for a report of amotor
vehicle accident. Upon my arrival Iobserved two vehicles in the roadway of Meadow
Ave. a Black Audi and agray Honda CRV. Medallel Oussama the operator of unit #2 a
2019 Honda CRV advised me that his vehicle was struck by Unit 1, a Black 2021 Audi,
and that the operator was possibly intoxicated. Medallel indicated the operator of Unit
2was spraying perfume on herself prior to my arrival.

2) 1then spoke with the driver of unit #1. The driver was identified as Kathleen KANE. As
KANE opened the door, Iimmediately smelled the strong odor of an alcoholic
beverage. KANE was then advised that there was astrong odor of alcohol beverage
coming from inside the vehicle. KANE also had chewing gum in her mouth. KANE was
asked if she was drinking, KANE denied having anything to drink stating, "it's totally
not me", and pointed to her front seat passenger. She further stated that she was the
"designated driver". Kane had difficulty stating the word "designated". KANE was
then asked where she was coming from, she stated that she just picked her sister up
from a local establishment and was giving her a ride to east mountain. As KANE was
speaking with me, she was speaking with slurred speech and was nonresponsive with
her answers to my questions. KANE was again asked where she was coming from, and
she said "Scranton" and was then asked where in Scranton, and she said "Wyoming
Ave". KANE was then asked for her driver's license and KANE had adifficult time

I, SEPRISH, Ryan ,BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT THE
FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE, INFORMATION AND BELIEF.

ICERTIFY THAT THIS FILING COMPLIES WITH THE PROVISIONS OF THE CASE RECORDS PUBLIC ACCESS
POLICY OF THE UNIFIED JUDICIAL SYSTEM OFPENNSYLVANIA THAT REQUIRE FILING CONFIDENTIAL
INFORMATION AND DOCUMENTS DIFFERENTLY THAN NON-CONFIDENTIAL INFORMATION AND DOCUMENTS.

(Signature ofAffiant)

Sworn to me and subscribed before me this ay of A-1•

Date
gistehal District Judge

My commission expires first

yonday of January,
a Y
e "q,
 ' $ POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTN/LiveScan Number Complaint/Incident Number
03/12/2022 2022 -00007726
First: Middle: Last:
Defendant Name:
KATHLEEN GRANAHAN KANE

AFFIDAVIT of PROBABLE CAUSE CONTINUATION

trying to it. KANE stated that she was not sure if she brought her wallet. KANE
indicated that her "sister called for a ride, and she just came in the car".

3) Due to the accident, the smell of alcohol, and my observations of KANE, Lieutenant
Weaver, who was present, requested Sgt. Jeff Vaughn who is certified in standardized
field sobriety tests to the scene. Below is Sgt. Vaughn's account of his interaction.

a. Upon arrival, ISgt. Jeff Vaughn was met by Lt. Weaver who asked if Iwould
perform SFST on the driver of avehicle that was involved in the accident and
suspected of driving under the influence of alcohol. He stated, Officer Ryan
Seprish was investigating the accident and while speaking with the driver he
detected the smell of an alcoholic beverage coming from inside the vehicle.

b. Lt. Weaver identified the driver as Kathleen KANE. Iasked KANE to exit the vehicle
and Iobserved that she had watery, blood shot eyes. Iasked her if she would
perform some field sobriety tasks which she consented, and we moved to aflat
area under acovered gas pump area. At the time of the task, asnowstorm was in
the area and the area chosen was the best location to perform SFST. The ground
only contained snow which was blown from the winds compared to the several
inches of snow that had fallen throughout the day. KANE stated multiple times that
she did not consume any alcoholic beverages and she just picked her sister up
from a local establishment. Idid observe KANE was wearing winter boots with flat
bottoms. Each task was explained and demonstrated to KANE, and Iconfirmed that
she understood each one prior to beginning the tasks.

c. The first task given was the Horizontal Gaze Nystagmus (HGN) task. Iconfirmed
that her pupils were of equal size and were tracking equally. While having her
follow the stimulus, Iobserved atotal of 6clues (lack of smooth pursuit in the left
eye, distinct and sustained nystagmus at maximum deviation in the left eye, onset
of nystagmus prior to 45 degrees in the left eye, lack of smooth pursuit in the right
eye, distinct and sustained nystagmus at maximum deviation in the right eye and
onset of nystagmus prior to 45 degrees in the right eye).

d. Ithen asked KANE to perform the 9step walk and turn task. She attempted to begin
the task before Ihad completed the instructions and she did not complete the turn
as demonstrated. On the first series of steps, she took the correct number of steps.
She did not touch heel-to-toe on multiple steps (4 59). On the second series of

(Signature of Affiant)
 ', 'POLICE CRIMINAL COMPLAINT
Docket Number: Date Filed: OTN/LiveScan Number Complaint/Incident Number
03/12/2022
2022-
00007726
First: Middle: Last:
Defendant Name:
KATHLEEN GRANAHAN KANE

AFFIDAVIT of PROBABLE CAUSE CONTINUATION

steps, she took the correct number of steps. She did not touch heel-to-toe on
multiple steps (4 5678) and she stepped off the line on step one.

e. Ithen asked KANE to perform the one leg stand task and she chose to raise her
right foot for the task. She swayed visibly during the task and she set her foot down
once during the duration. She did not count out loud without being reminded.
Following the tasks, Iadvised Lt. Weaver Iobtained sufficient number of clues to
warrant asubmission to ablood alcohol test.

4) Sgt Vaughn stated that KANE's SFST's yielded asufficient number clues to be taken
into custody for suspicion driving under the influence and to request a blood test.
KANE was then read the DL 26 form to which KANE refused a blood test.

5) On March 15, 2022, 1then conducted afollow up interview with Osoma Medallel the
driver of unit #2. Osoma was asked what made him think Kathleen was intoxicated.
Osoma said when KANE opened her door, he immediately smelled the strong odor of
an alcohol beverage. Osoma said he asked KANE if she was drunk, and KANE replied
"no, are you drunk?" Osoma also said that he's been in the restaurant business for
approximately 20 years and has experience dealing with intoxicated people. Osoma
also indicated that KANE was talking very slow which added to his belief she was
intoxicated. Osoma said that he then got out of his vehicle and checked for damage.
Osoma said as he was getting back into his vehicle, he observed movement from
inside KANE'S vehicle. Osoma said when KANE opened her door again this time, he
smelled the strong odor of perfume. Osoma said that KANE asked to fix the damages
and Osoma then called the police. Osoma was asked how his vehicle was struck. He
said that KANE was driving East on Moosic St. and he had agreen light and the vehicle
in front of him turned left. Osoma said that he was about to turn left onto Moosic St
when KANE'S vehicle made awide right turn from Moosic St onto Meadow Ave. Osoma
said that KANE then drove into his vehicle without attempting to brake. Osoma said
that KANE'S vehicle did not slide on the snow-covered roadway.

6) During follow up investigation this officer observed KANE on surveillance video

consuming alcoholic beverages at alocal establishment within close proximity to the
time of the motor vehicle accident.

(Signature ofAffiant)