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PITTSTON — A Duryea man with three convictions for driving under the influence of drugs had morphine in his system when he caused a fatal head-on crash in Jenkins Township 14 months ago, police said.

Joseph Kaminski also had a suspended license at the time of the Dec. 8, 2014 crash that killed 71-year-old Joan Ann Baiera of Pittston, police said.

District Judge Alexandra Kokura Kravritz arraigned Kaminski, 38, of Swetland Street, Friday on a charge of homicide by vehicle while driving under the influence, in addition to other charges, and committed him to the Luzerne County Correctional Facility for lack of $100,000 bail. Kaminski did not comment as he was led from his preliminary arraignment.

The criminal complaint filed against Kaminski detailed the investigation that took more than a year, with the latest piece coming Tuesday in the form of a phone call from a coroner who ruled Baiera’s death a homicide.

According to the complaint: Witnesses said they saw Kaminski’s 2002 Mitsubishi Gallant cross the center lane on River Road near the Eighth Street Bridge and crash head-on into the 2002 Pontiac Sunfire driven Baiera, of Pittston. The drivers were hospitalized and Baiera later died from injuries.

An autopsy done a day after the crash concluded Baiera died from multiple traumatic injuries, but the manner of death was pending the results of the investigation.

Kaminski voluntarily met with police that day. After being advised of his constitutional rights he told police he looked down at his ringing cell phone in the passenger seat as he was driving and the collision occurred when he looked up. He also said he had a methadone treatment at 8:30 a.m. the day crash.

On Dec. 11, 2014, police obtained a search warrant to inspect the Mitsubishi and determined there were no equipment failures that contributed to the crash. An accident reconstruction placed the point of impact in Baiera’s southbound lane four feet from the double centerline. There was no evidence at the scene, such as skid marks, that showed Kaminski attempted to avoid the impact, police said.

Police served a second search warrant for blood tests of Kaminski from Geisinger Wyoming Valley Medical Center, in Plains Township, where he was taken after the crash. Tests done by Northern Tier Research, in Dunmore, later showed Kaminski had morphine in his system.

Investigators also reviewed Kaminski’s driving record and determined his license was suspended at the time of the crash and was one of three suspensions between July 2009 and May 2010 that were DUI-related. County court records showed three prior guilty pleas to DUI of controlled substances for arrests in 2003, 2004 and 2009.

Three months after the crash, police received Kaminski’s cell phone records that showed he did not receive a call just before the crash, contradicting his earlier statement.

Investigators asked Dr. Michael Coyer, a forensic toxicologist with Northern Tier, to review the medical and police reports and Kaminski’s blood test results. Coyer found that Kaminski “was a recent and prior user of morphine/heroin, methadone and clonazepam in pharmacologically significant amounts.” He further concluded that Kaminski “was under the impairing psychoactive effects” of the drugs and that they “would have rendered him incapable of properly operating a motor vehicle on the highway at the time of the crash.”

Lackawanna County Coroner Tim Rowland ruled on the manner of Baiera’s death because she died at Community Medical Center in Scranton. Rowland contacted Jenkins Township Police Chief Frank Mudlock on Tuesday to say Baiera’s death was a homicide.

Kaminski, left, of Duryea is under arrest for causing a fatal accident in December 2014 while DUI.
https://www.timesleader.com/wp-content/uploads/2016/02/web1_kaminski-2.jpg.optimal.jpgKaminski, left, of Duryea is under arrest for causing a fatal accident in December 2014 while DUI.

By Jerry Lynott

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