Dinger

A Westmoreland County man is awaiting a state Superior Court decision appealing a Butler County Court order after being charged in an alleged intoxicated car accident. But on Friday a Butler County judge moved him out of the county jail and into a rehabilitation facility while he waited.

Robert J. Dinger, 36, of Whitney was ordered released to a Veteran's Affairs residential rehabilitation treatment program on the availability of a bed following a Butler County Court order delivered Friday by county Judge William Shaffer, following testimony Wednesday.

The order states that Dinger shall participate successfully in the treatment program and reside at that facility, and if he should fail to reside there or to participate successfully, will be returned to the county prison.

Dinger's attorney, Public Defender Joseph Smith, said his client has been incarcerated since Oct. 2, 2016, on $50,000 bail which he is unable to post, and has been subject twice to opposed and denied bail reductions. Due to that he has missed several family matters, including the death of his father, Smith said.

Smith called for Dinger's immediate release, arguing Pennsylvania Criminal Procedure Rule 600 states that “except in cases in which the defendant is not entitled to release on bail as provided by law, no defendant shall be held in pretrial incarceration in excess of 180 days from the date on which the complaint is filed.”

Smith said his calculation of the time was that 330 days have elapsed since Dinger's incarceration; however, due to several legal proceedings that stop certain amounts of time from counting, he said Dinger has been incarcerated for 202 days.

Assistant District Attorney Mark Lope argued that Dinger had only been incarcerated for 100 days per his calculations, but since the case is under Superior Court consideration for the appeal, “we can't try him now,” and said he was unopposed to Dinger being released to the VA program.

Dinger is charged with two felony counts of aggravated assault by vehicle while driving under the influence and misdemeanor DUI, as well one count each of possession of a controlled substance, possession of drug paraphernalia and summary traffic violations resulting from an incident on Route 356 on Oct. 2, 2016.

Police said Dinger was high on drugs when he lost control of his pickup truck and collided with an oncoming car.

The wreck left two Butler County women injured, including the other driver who was flown by medical helicopter to a Pittsburgh hospital and required surgery.

The collision left both women trapped inside the car and firefighters had to use a hydraulic rescue tool to cut off the roof and force open the doors to get them out.

Police at the scene spoke to Dinger, who was not injured. He blamed “steering issues” with the pickup for the crash, according to court documents.

The defendant appeared impaired but denied consuming any alcohol that day; however, a trooper noticed what looked like “track marks” on his right arm, documents said.

A certified drug recognition expert later examined Dinger and determined he was under the influence of drugs. He was taken to Butler Memorial Hospital for a blood test, police said.

Police said investigators found suspected heroin and other drug contraband in his wrecked truck. Dinger also admitted using heroin that day, investigators said.

Further county court proceedings await the determination of the Superior Court appeal.