The driver in a fatal pedestrian crash that occurred in 2014 pleaded to seven drug counts on Thursday in Carbon County court after the most serious charges against had been dismissed by a county judge.

Nicole Ann Iannone, 25, of Kunkletown, pleaded to one count of possession of marijuana and six counts of possession of drug paraphernalia before President Judge Roger N. Nanovic.

Iannone was the driver of a vehicle that on Nov. 24, 2014, on Interchange Road (Route 209), struck and killed Agnes Spzak, 89, of Nesquehoning, as she was crossing a four-lane section of the road without streetlights in the dark. At the time Iannone was attempting to pass a pickup whose driver had slowed when he observed Spzak crossing the road. As Iannone made the pass, she struck Spzak. Spzak was pronounced dead at the scene.

On Dec. 21, 2017, following a suppression hearing on a petition filed by defense counsel Matthew J. Rapa, and hearing testimony, Nanovic dismissed the most serious charges filed against Iannone including involuntary manslaughter, driving under the influence (two counts) and summary motor vehicle code violation of careless driving. Nanovic also ruled that the results of the chemical testing of the blood draw be suppressed and that no testimony or comment shall be received concerning the blood test administered to Iannone following the crash.

Rapa had filed motions in July 2017 requesting that those charges be dismissed.

Crash report

Upon responding to the crash, a Franklin Township police officer smelled marijuana inside Iannone’s car and then observed a bag containing marijuana in Iannone’s purse, which she had left on the seat.

Iannone was then taken to a hospital to have blood drawn. The sample came back positive for marijuana.

At the time of the crash people suspected of driving under the influence in Pennsylvania were all but required to submit to a blood test.

However, the United States Supreme Court ruled in 2016 that police must obtain a warrant before taking blood from someone suspected of DUI. Rapa successfully argued that Iannone’s blood was illegally obtained.

Iannone admitted to police that she had smoked marijuana earlier in the day, but there was no evidence that Iannone was driving her vehicle impaired, Rapa argued.

A state trooper conducted a forensic report on the crash and found that there was no evidence that Iannone was speeding or that she left her travel lane.

Before the crash, Spzak had parked her car on the shoulder of Route 209, gotten out of the vehicle, and attempted to cross the divided highway.

The trooper further concluded that Iannone’s vehicle had the right of way at the time of the crash, because there were no crosswalks or traffic signals where Spzak was crossing Route 209.

Rapa told Nanovic since the crash his client has suffered through periods of depression and has developed a number of mental health issues for which she is being treated. He said, “She is looking to put this behind her.”

When asked by Nanovic if she had anything to say, Iannone declined to speak.

Nanovic placed her on a total of two years probation and ordered she get a drug and alcohol evaluation and follow any recommendation for treatment, zero tolerance imposed for drug or alcohol use, pay court costs of about $1,000 and pay a $50 per month supervision fee while on probation.