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ATV driver charged with aggravated assault

The driver of an ATV who was reportedly under the influence of alcohol when he crashed, causing significant injuries to a passenger, has been charged with aggravated assault.

Devon C. Kibbey, 26, of Sugar Grove, faces charges of aggravated assault by vehicle while DUI, two counts of DUI, careless driving, and operation on streets and highways.

According to the affidavit of probable cause, Kibbey and a passenger were driving an ATV on Keller Road, Conewango Township, at about 4:45 p.m. Friday, April 7.

Police said the passenger was transported by emergency helicopter for injuries including a concussion, fractured sternum, and bruised lungs.

According to the affidavit, Kibbey “smelled of an alcoholic beverage and admitted to driving the ATV approximately 40 miles per hour on the roadway.”

“He stated that a mechanical failure occurred and it cause him to wreck,” according to police. “He admitted that nobody was wearing helmets, glasses, riding boots, etc.”

Kibbey was taken to Warren General Hospital for treatment of a cut on the back of his head.

Blood was drawn at the hospital for treatment and diagnosis, according to the affidavit. That blood draw was the subject of a search warrant the following day.

The blood was tested for alcohol content and came back above the legal limit at 0.09 percent, according to the affidavit.

Kibbey was arraigned Wednesday before District Judge Laura Bauer and released.

A preliminary hearing is set for 1 p.m. Wednesday, July 5.

Starting at $3.50/week.

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