A Carbon County jury panel returned a split verdict late Tuesday afternoon, finding a Bethlehem woman guilty of two counts of driving under the influence and one count of persistent disorderly conduct.

However, she was cleared of the most serious charge, aggravated assault, a felony two, and simple assault count involving a Lehighton police officer.Marlene Bolsinger, 50, was arrested following an incident on May 25, 2013, in Lehighton.The panel of seven women and five men, who deliberated for about an hour and a half, did not believe her testimony that she was not driving her Jeep when a Lansford couple observed her weaving in and out of lanes between Jim Thorpe and Lehighton. However, they said she did not intend to harm officer Matthew Bender when she kicked him in the stomach while being placed in a police cruiser.WitnessesDistrict Attorney Jean A. Engler called Kyle and Jessica Knittle of Lansford to the stand.They testified they were driving from their home in Lansford to the Walmart store in Mahoning Township when they got behind a black Jeep going up the Mansion House Hill (Route 209) toward Lehighton.The two said the Jeep was going back and forth in its lane of travel, almost hitting the side of the mountain on the hill. Later, in the area of the Packerton Dip, the Jeep crossed over the fog line and yellow center line several times.Jessica Knittle called 911 to report the situation.After entering Lehighton, the Jeep make a right turn off Route 209 (North First Street in the borough), onto Coal Street. Kyle Knittle turned left at the next intersection and came to a stop sign at the next street. The Jeep was at the intersection.Both the Knittles said they were able to see that the driver was a female wearing a white shirt. A passenger was in the Jeep but they could not make out at the time if it was a female or male. Both said the female they saw was Bolsinger.The Jeep pulled across the intersection and turned left going down past the park to Route 209. Knittle said he followed as his wife was talking with the communications center.They saw the Jeep pull in front of a local pizza restaurant.The couple said they saw the woman get out of the Jeep, followed by the passenger, who was determined to be a man. They said the man and woman were changing places in the Jeep, with the man getting behind the wheel.The couple said they were instructed by the communications center to pull into a parking lot down the street from the restaurant and wait for police to arrive.In court, Jessica Knittle read a lette she received from Bolsinger in May, denying kicking a police officer and asked her to reconsider what she had seen.Bolsinger wrote, "I admit I made the wrong choice that day with police."PoliceBender testified he was dispatched to the area and he pulled in a short distance from the restaurant when he saw the Jeep.He saw a woman getting out of the driver's side of the vehicle with a man getting out of the passenger side. He said it appeared they were arguing. He also said the woman stumbled as she walked around the vehicle.He said the Jeep pulled out, with the man driving. He radioed his partner, officer Matthew Arner, who was speaking with the Knittles.Bender said the Jeep went down Main Lane toward the Sgt. Stanley Hoffman Boulevard (Route 209) toward Jim Thorpe. He made the stop in a parking area near a former Dollar Store building.Bender said he approached the Jeep and could immediately tell the two inside were under the influence by their actions and the strong odor of alcohol.The man was later identified as Patrick Green. He said the woman was later identified as Bolsinger.He said she was yelling at the driver and at him. He said she was cursing and being belligerent. He called Arner for assistance.Bender said he gave Green field sobriety tests.Arner arrived at that time and took charge of Bolsinger.Bender said he handcuffed Green and placed him in his patrol unit. He then went to assist Arner with Bolsinger, who had been arrested and handcuffed.Bolsinger was placed in the back of Arner's cruiser with her feet outside. He told her to swing into the seat, but she refused. He then bent over to pick up her feet and legs and place her in the cruiser.At this point he said Bolsinger kicked at him. He blocked the first kick but was struck in the stomach with a second kick. He said it hurt and the force of the kick made him almost lose his balance as he stepped back a few feet. He then reached again to place her in the cruiser and blocked a third kick, then managed to get her in the cruiser.Arner testified that he saw the Jeep in question at the restaurant and observed a woman closing the driver's side door. He also saw a man get out the passenger side.Arner said when he arrived at the traffic stop, he said Bolsinger was belligerent, yelling and cursing and using profanity.He said he repeatedly told her to stop and calm down.He said he had her exit the vehicle and she stumbled and had to grab onto the Jeep to stay standing. He said her condition made it unsafe for him to try to have her perform field sobriety tests.He said he saw Bolsinger kick Bender when he tried to place her feet and legs into the cruiser.Bolsinger and Green were transported to the Lehighton hospital where both submitted to a blood test.Blood tests showed Bolsinger had a 0.246 BAC.He said while at the hospital emergency room area Bolsinger continued to be belligerent and cursed at the officers and personnel despite repeatedly being told to stop.Denies drivingBolsinger took the witness stand and denied she was driving the Jeep, which was her vehicle.She admitted being in Jim Thorpe before the incident and had "too much to drink."She also said her companion for the day, Green, had drunk too much. She said at a tavern in Jim Thorpe Green was denied service because of his condition and the two left, with Green driving.She said she never drove.Under questioning from defense counsel Matthew Mottola, Bolsinger said at the vehicle stop she did start doing the field tests, but was stopped by the officer.She also said they were stopped on an incline or hill because she fell and struck the side of her body, causing bruises.She said when she was placed in the police cruiser she was lying on her side and tried to push herself up and "accidentally kicked" Bender.When questioned about her conduct, she said, "I might have said a curse word, but that's not me."She also claimed that Green stopped the vehicle so he could urinate.When asked by Mottola about the letter, she said she wrote it to let the Knittles know, "I didn't want them to think I was some drunken lady."Engler asked about the Knittles' testimony that she was driving. Bolsinger said, "I don't know why they said that."Asked by Engler if her recollection of the events might be clouded by the alcohol she had consumed, Bolsinger said, "I was eating all day."Engler also asked her about the bruises she said she sustained due to the fall. Engler asked her, "Did you ask for medical help?"Bolsinger said she didn't tell the officers about any bruises.Engler asked why she sent the letter. Bolsinger said, "Maybe they saw what happened wrong."Bender was recalled as a rebuttal witness.He said Green didn't stop to urinate as Bolsinger said.He also said the area where the stop was made was level.Green was charged with two counts of DUI. In May 2014 he entered a guilty plea and was later sentenced. However, earlier this year the adult probation office filed a petition to revoke his parole status with a hearing on that petition pending.Judge Steven R. Serfass deferred sentencing to a later date. Bolsinger is free on bail.