A man accused of cutting the brake lines of his girlfriend’s car, leading to a crash that killed her, is seeking dismissal of homicide charges.
John Jenkins, 41, of Dunmore, is facing trial on charges of first-degree murder and third-degree murder for the Aug. 22, 2018, death of Tammy Fox.
Prosecutors say Jenkins admitted he cut Fox’s brake lines in an attempt to get a piece of pipe to smoke crack. The action caused the brakes to fail the next day, resulting in Fox losing control and striking a tree and several parked cars near North Washington Avenue. She died from multiple traumatic injuries.
In a pretrial motion, Jenkins’ attorney, public defender Joseph Kalinowski, contends there is insufficient evidence to support the first-degree or third-degree murder charges, which require prosecutors show a defendant intended to kill a victim.
Kalinowski raised the same issue at Jenkins’ preliminary hearing in October 2018, arguing he should have been charged with no more than manslaughter. Magisterial District Judge Laura Turlip allowed the more serious counts to move forward. Kalinowski wants Lackawanna County President Judge Michael Barrasse to reverse Turlip’s ruling.
Kalinowski also seeks to suppress incriminating statements Jenkins made to police, arguing the statements were not made knowingly or voluntarily because he was under extreme mental and emotional distress and under the influence of drugs when he was questioned.
The district attorney’s office will have an opportunity to respond to the motion. Barrasse will rule on the matter at a later date.
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