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Former Hazle Township solicitor pleads guilty to federal theft charge

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Tobyhanna director named to C4ISR Top Ten Personnel of 2015

<p>WILKES-BARRE &#8212; A psychiatrist&#8217;s report on whether a teen charged in a crime spree last year should be tried as a juvenile contains information he isn&#8217;t qualified to discuss and should be precluded from his testimony, prosecutors argued in documents filed Thursday in Luzerne County Court.</p><p>Destiny Noella McNeil, 18, of Nanticoke, faces more than a dozen charges, including aggravated assault and theft, after she allegedly <a href="https://www.timesleader.com/news/local/380675/police-charge-teen-who-stole-ambulance-from-nanticoke" target="_blank">struck a bystander with a brick and then led police on a high-speed chase</a> out of Nanticoke and along Interstate 81 in a stolen ambulance. McNeil, who was 17 at the time, crashed the emergency vehicle in Laurel Run, police say.</p><p>Defense attorneys previously said <a href="https://www.timesleader.com/news/489031/teen-who-stole-ambulance-moves-for-transfer-of-charges-to-juvenile-court" target="_blank">mental health professionals diagnosed the girl with serious mental health issues</a> and determined she should not be held criminally liable for her actions. A hearing determining whether McNeil&#8217;s charges will be transferred to juvenile court is scheduled for Tuesday.</p><p>Prosecutors say the defense intends to call forensic psychiatrist Dr. Richard E. Fischbein to testify about whether he believes McNeil needs and would cooperate with treatment, rehabilitation and supervision.</p><p>They argue, however, Fischbein isn&#8217;t qualified to discuss factors outside McNeil&#8217;s mental health or psychiatric history that he allegedly broaches in his report, including the alleged crime&#8217;s impact on the community. Prosecutors claim Fischbein will testify the community &#8220;could have been injured, but fortunately there was only one victim.&#8221;</p><p>&#8220;This is absolutely outside the scope of allowable testimony of the expert; notwithstanding the fact that this is completely inaccurate and that more than one victim is involved in this case,&#8221; prosecutors argued.</p><p>Prosecutors requested a hearing to determine the admissibility of Fischbein&#8217;s testimony.</p><p>Police say McNeil on Sept. 4 hit the bystander, Timothy Yatsko of Nanticoke, hard enough to cause him to fall to the ground, but said he was able to provide a description to police.</p><p>McNeil then fled in the emergency vehicle, hitting two parked cars on East State Street before making her way to Route 29 and eventually Interstate 81 north. She drove the ambulance to Route 309, pursued by both Nanticoke and Wilkes-Barre Township police, where she struck a police cruiser near the Wilkes-Barre Township and Laurel Run border, police say.</p><p>Police allege that during the pursuit, McNeil was driving erratically, making it necessary for other motorists to veer out of the way and causing a dangerous situation.</p><p>While being pursued, McNeil, who police documents indicate is not a licensed driver, crashed on Northampton Street in Laurel Run.</p><style>
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<div class="neCaption">Destiny McNeil is charged with hitting a man with a brick and stealing an ambulance last year in Laurel Run. Prosecutors have challenged a psychiatrist&#8217;s report regarding McNeil&#8217;s competency. </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2016/07/web1_destiny01-1.jpg</photo0><caption0>Destiny McNeil is charged with hitting a man with a brick and stealing an ambulance last year in Laurel Run. Prosecutors have challenged a psychiatrist&#8217;s report regarding McNeil&#8217;s competency. </caption0><photoCredit0>Pete G. Wilcox | Times Leader </photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Joe Dolinsky</p><p>jdolinsky@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Joe Dolinsky at 570-991-6110 or on Twitter @JoeDolinskyTL</p></shirttailMeta></div>

Prosecutors challenge psychiatrist’s report in teen’s alleged brick assault case