Citation at heart of Wilkes-Barre traffic stop withdrawn

Jerry Lynott, The Times Leader, Wilkes-Barre, Pa.
·2 min read

Sep. 1—WILKES-BARRE — Unable to provide her insurance on the spot and prevent her car from being towed, Darlene Duggins-Magdalinski later produced proof, leading police to withdraw the charge at the heart of the traffic stop she maintained was based on her race.

Tuesday's withdrawal of the citation for operating a motor vehicle without the required financial responsibility did not change the views of Duggins-Magdalinski or that of the union defending Wilkes-Barre City Police Department Officer Dan Duffy for keeping his cool while she grew heated during the Aug. 13 stop.

"I know what happened and, of course, their job is to protect that officer," Duggins-Magdalinski said Wednesday.

To support the accusation of racial profiling and the Wilkes-Barre City Police Benevolent Association's allegation Duggins-Magdalinski tried to get out of the stop by using her influence as a member of the Police Advisory Committee tasked with oversight of the department, each side called for the release of video from the body cameras worn by Duffy and two other officers. Each side also issued counter demands — Duggins-Magdalinski, who is Black, sought for Duffy, who is white, to lose his job; the union sought for her to be removed from the Committee for good cause, and for the fact she's not a city resident.

Mayor George Brown, who appointed Duggins-Magdalinski, 53, of Hanover Township, to the Committee in 2020, made the video footage available to the media Friday in the interest of full disclosure to the public. It's posted in three files on the Times Leader YouTube channel.

The footage also will be made available to the Committee as it awaits the report on its initial complaint filed by Duggins-Magdalinski that's being investigated by a lieutenant in the police department. The volunteer body will make a recommendation to Brown and Police Chief Joseph Coffay on what steps to take.

Duggins-Magdalinski said she will not participate in the Committee's review of her complaint. "I believe that they will be fair," she said.

The withdrawal of the insurance-related citation was not something out-of-the-ordinary, said Officer Joe Homza, president of the PBA.

"Although she had no proof at the time, she did have insurance. Just like anyone else who produces it, the (citation) would be withdrawn or dismissed at the time of the hearing if the person actually had insurance," Homza said. "And it has nothing to do with her position or complaint. It's standard practice."

Four other traffic citations remained pending against Duggins-Magdalinski and her case was listed for a summary trial on Sept. 7 before District Justice Rick Cronauer in Wilkes-Barre.

Reach Jerry Lynott at 570-991-6120 or on Twitter @TLJerryLynott.