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WILKES-BARRE — An ex-nurse accused of assisting in a veteran’s emergency surgery while drunk could see his charges dismissed following competition of a federal diversion program.

Former Wilkes-Barre VA Medical Center nurse Richard Pieri drank four or five beers at Mohegan Sun Pocono before he staggered into the hospital — nearly falling down several times — and assisted in the surgical procedure around midnight on Feb. 4, 2015, according to prosecutors.

Pieri, 61, of Drums, was observed by others present in the operating room fumbling through his duties, which included transporting the patient, preparing surgical materials, documenting the procedure and monitoring the patient’s vital signs, court documents said.

Pieri admitted to being drunk on call and was charged with reckless endangerment under the federal Assimilated Crimes Act, but the charge could soon be dismissed if he completes the requirements of the pre-trial diversion program he entered earlier this year, according to court documents.

The agreement states that a person accepted into the program is placed under supervision that “should be tailored to the offender’s needs” and could include employment, counseling, education, job training, and psychiatric care for a period no longer than 1½ years, according to the U.S. Department of Justice.

Pieri must acknowledge responsibility, but is not asked to admit guilt, the DOJ said. He can be terminated from the program if he violates its conditions. Otherwise, charges are dismissed upon successful competition.

Court documents filed Jan. 27 show Pieri signed the agreement sometime prior to that date. Further information on the specific details of the deal were unavailable.

A DOJ spokesperson referred a reporter to the Middle District of Pennsylvania’s probation offices in Scranton for comment. A message was not returned. Pieri’s attorney, Shelley Centini, did not return a message seeking comment.

Pieri, then just a few years into his nursing career, was charged in the 1985 hit-and-run death of 65-year-old veteran George Knorr near the hospital, which was adjacent to Pieri’s residence at the time. He was arrested on Oct. 3, 1985, and charged with an accident involving death or personal injury, though police later determined the death wasn’t the result of gross negligence.

The outcome of the case could not be determined after records searches proved fruitless.

Pieri, a registered nurse since 1979, submitted his resignation from the hospital March 2, 2016, a day before state officials announced they had suspended his nursing license. The suspension expires in April.

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By Joe Dolinsky

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Reach Joe Dolinsky at 570-991-6110 or on Twitter @JoeDolinskyTL