Hearing for woman accused of fatal DUI crash continued after multiple issues

Patrick Kernan, The Times Leader, Wilkes-Barre, Pa.
·2 min read

Mar. 30—WILKES-BARRE — Confusion over multiple elements lead to the continuance of the dispositional hearing of a Wyoming woman accused of drunkenly causing an accident that killed an elderly couple.

Zabrina Marie Burge, 28, was scheduled to appear before Luzerne County Judge Joseph F. Sklarosky Jr. on Monday morning on two counts of homicide by vehicle while driving under the influence, a count of aggravated assault by vehicle while driving under the influence, and other related counts.

Police say Burge was driving with a blood alcohol level nearly four times the legal limit on the night of Oct. 10, 2019, when she crashed head on with a car containing Joseph Lyons, 83, and his wife, Gloria Lyons, 80. Both were killed in the accident.

But when the hearing was scheduled to start, neither Burge nor an attorney representing her were present.

The conversation in open court between Sklarosky and Deputy District Attorney Chester Dudick intimated that there was confusion in both getting Burge an attorney and notifying her of the hearing.

Sklarosky said that, in February, he signed an order assigning the case to the Public Defender's Office, but that they had petitioned to President Judge Michael T. Vough to assign the case to the Office of Conflict Counsel.

Sklarosky said that the second office had told the court that the case had been assigned to Attorney Matthew Kelly, but Sklarosky said that no entry of appearance had been filed on Kelly's part, leaving Burge technically without an attorney.

Additionally, Sklarosky said that notification of the hearing had been sent to Burge's known address, but the post office returned it to the courthouse, saying that she had moved to a new address but that the forwarding period had ended.

He noted with a bit of frustration in his voice that her new address was stamped on the letter by the post office, and he wondered why it had been sent back to the courthouse if the post office knew the new address.

Without a defendant and a defender, Sklarosky continued the hearing, setting a date for April 8.

According to police, Burge's BAC was above .30%, compared to the legal driving limit of .08%. Burge and a passenger in her vehicle were transported to Geisinger Wyoming Valley Medical Center after the accident occurred on River Road in Jenkins Township.

An officer who questioned Burge at the hospital said there was a strong smell of alcohol on her person. She allegedly told police that she had had several alcoholic drinks at her place of employment, the Arena Hub Plaza in Wilkes-Barre Township.

Burge allegedly said she was going home, traveling toward Pittston, but did not remember anything about the crash.

At this time, Burge remains free on $100,000 unsecured bail.

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