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Fire death ruled accident

By Jennifer Harr 3 min read

Fayette County Coroner’s jurors ruled Wednesday that Andrew M. Berdar Sr.’s fire death was an avoidable accident due to alcohol intoxication and gross negligence. Berdar, 48, died of carbon dioxide poisoning last Aug. 15 when his car caught fire and rolled into the family’s Center Street, New Salem, garage.

After the inquest, Berdar’s wife, Kathy, and son, Andrew Jr., cried and embraced, happy that the family could put the matter – which state police suggested might have been suicide – to rest.

Troopers Brain Mears and William Large presented evidence during the four-hour inquest that Berdar had made previous suicide threats.

Large also testified that the front seat of Berdar’s car and his pants were literally soaked with gasoline.

Police said they found a gas can without a cap sitting by the car with a siphon inside meant to pump gasoline out of the can.

“This wasn’t a splash on the seat. It ran like a wet towel when you picked (the seat) up,” testified Large.

While no one is certain how the car seat got drenched with gasoline, several witnesses testified that Berdar frequently used the gas can that was near the car to fuel his riding lawnmower and week wacker. Andy Jr. told the panel that the can had no cap, and said that his father used it as long as he could remember.

Several other witnesses, including Berdar’s longtime friend, Ed Yankovich, testified that in the days before his death, Berdar was as happy as he ever was. Yankovich and others, some of whom saw Berdar at Krett’s Bar in the hours before his death, said he was making plans to add on to the family home, and looking toward the future.

Meredith Fordyce, who stayed at Krett’s when Berdar left around 8:45 p.m., testified that his friend made plans to get together the next day.

“He said, ‘Let’s get a six pack and go to West Virginia,'” testified Fordyce.

Kathy Berdar testified that, although she and her husband had tumultuous times more than a decade ago, things between them were good. She acknowledged that on different occasions, her husband sought treatment for alcohol addiction, but hadn’t recently had problems with depression.

Coroner Dr. Phillip E. Reilly told jurors that an autopsy was performed after Berdar’s death, and noted that there was no indication that he was killed and the fire set to cover a crime.

Reilly also told jurors that toxicology reports indicated that Berdar’s blood-alcohol level was .372 percent. That is nearly four times the .10 limit at which motorists are considered legally intoxicated in Pennsylvania.

The Berdar’s attorney, Thomas Bowlen, asked jurors to consider the testimony of the dozen witnesses who said that Berdar was happy and jovial, and he suggested a theory for what might have precipitated the fire.

“I see (Berdar), at .372, sitting there smoking a cigarette, thinking the gas is all cleaned out of the car,” said Bowlen.

Prior testimony established that Berdar was a heavy smoker.

Towards the close of the inquest, Reilly questioned the likelihood that Berdar had killed himself.

“(Death by fire) is mind boggling to anyone as a means of suicide because of the horrific pain,” said Reilly.

The coroner said he could only think of a few cases in which anyone killed themselves by fire.

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