CLEARFIELD – A CPR instructor accused of impeding upon a local police officer’s DUI investigation waived his right to a preliminary hearing Wednesday during Centralized Court at the Clearfield County Jail.
Dustin Lee McCracken, 25, of Philipsburg has been charged with intimidation of a witness/victim; retaliation against a witness/victim; obstructing administration of law/other government function; criminal attempt; hindering apprehension/prosecution; and disorderly conduct. Bail has been set at $5,000 unsecured.
According to the affidavit of probable cause, on March 7, Cpl. Mark R. Kelly of the Curwensville Borough police received a complaint from Officer Joseph Witherite, which involved McCracken. Witherite alleged that McCracken had attempted to obstruct or impede upon his investigation into a DUI incident.
Witherite alleged that he was attempting to investigate a driver who was suspected to be under the influence of alcohol or a controlled substance. Witherite said he believed there was sufficient, reasonable suspicion and probable cause to effectuate a vehicle stop based upon his observations and experiences as a police officer.
After determining the driver was impaired while operating a vehicle, Witherite placed him into custody and into his patrol vehicle. Witherite returned to the suspect vehicle to explain there wasn’t another Curwensville officer on duty and to see if he could transport the passenger somewhere. While still at the scene, Witherite said the passenger was on the phone with McCracken, who wanted to speak to him.
In his report, Witherite indicated that McCracken was his CPR class instructor in February. Once on the phone, Witherite alleged that McCracken advised he hadn’t passed his CPR class, his CPR certification card would be revoked and he wouldn’t any longer possess the power to arrest.
Witherite said he told McCracken that he had passed the CPR class with a score of 96 percent. However, Witherite alleged that McCracken argued, advising Witherite that he was wrong and had failed due to incorrectly answering six questions.
According to Witherite, the CPR class had graded their own tests and he had only missed one question. He said that he told McCracken he would see him in court and then hung up the phone. After that Witherite said he requested the passenger to get into the patrol vehicle to be taken somewhere to get a ride.
When Witherite arrived at the Clearfield Penn Highlands Hospital, he observed McCracken waiting for him outside. He alleged that McCracken began yelling and demanding to know the whereabouts of the passenger. Witherite said he advised McCracken that the passenger was left in the custody of Lawrence Township police to be released to a sober person.
Witherite alleged that McCracken continued to raise his voice and question him why the passenger was detained after doing nothing wrong. Witherite said he proceeded to explain that the passenger wasn’t detained and only asked to get inside the patrol vehicle in order to be transported to find a ride.
At this point, Witherite said he started to enter the hospital with the DUI suspect. He alleged McCracken followed him inside and demanded that he turn over his CPR certification card.
Witherite alleged that McCracken demanded to speak with the Curwensville police chief. He also alleged that McCracken threatened to revoke his CPR certification card, saying this would take away his legal powers to arrest in Pennsylvania.
When McCracken allegedly demanded the expiration date of his last CPR card, Witherite said he attempted to explain he wasn’t turning over his CPR certification card. Witherite alleged McCracken demanded that he turn it over, as he was “required to do so.”
Witherite said he proceeded to request assistance from Clearfield Borough police with McCracken impeding upon his duties as a law enforcement officer.
According to Witherite, McCracken allegedly started to demand for the Curwensville police chief’s phone number. Witherite said he told McCracken he didn’t have the number with him, and McCracken contacted Clearfield County Control to request the chief’s phone number. Witherite alleged when McCracken called Clearfield County Control he began to raise his voice and yell more.
Witherite alleged that he detected the odor of an intoxicating beverage emitting from McCracken. He alleged that McCracken was yelling loud enough and creating such a commotion that it was heard by hospital security. Witherite said hospital security remained on stand-by until Clearfield Borough police officers arrived at the scene.
Witherite briefed the borough officers on the situation upon their arrival. He alleged that McCracken entered the hospital lobby, where he continued to yell and talk to people on his cell phone about how he was going to revoke Witherite’s CPR certification card. Witherite said that a Clearfield Borough officer advised McCracken that he was being disorderly and his actions needed to stop due to an ongoing investigation.
Later on as Witherite was walking the DUI suspect from the hospital, he alleged that McCracken yelled at him, “You, [expletive] up, Joe. You are going to pay for this!” Witherite said he ignored McCracken’s statement and placed the DUI suspect into his patrol vehicle. Witherite said he talked to a Clearfield Borough officer who believed McCracken was intoxicated.
On March 7, Kelly went to Clearfield County Control’s office to hear a recording of McCracken’s call. During the call, he said McCracken identified himself as “EMT McCracken” and requested to speak to the Curwensville Borough police chief. The dispatcher told McCracken the Curwensville police chief wasn’t on duty and couldn’t be reached at that time. McCracken replied that was fine and he would attempt to find another means to contact the Curwensville police chief.
Kelly said that the dispatcher requested information from McCracken about the reason he needed to contact the Curwensville police chief. McCracken allegedly told the dispatcher that he was a CPR instructor and Officer Joe Witherite was acting outside of his scope as an officer as he [McCracken] had just revoked his CPR certification card.