Uniontown resident held for court
A Uniontown man was ordered held for court Thursday on charges alleging he attempted to run over city police officer David Rutter following a high-speed chase that ended in North Union Township on Aug. 8. John Bernard Smith, 31, of 63 Pershing Court was held for court on three counts of aggravated assault, two counts of simple assault, recklessly endangering another person and fleeing or attempting to elude police. State police in Uniontown filed the charges.
District Justice Deberah Kula ordered Smith held for court and remanded him to the Fayette County Prison in lieu of $50,000 straight cash bond.
Rutter testified that he responded to a report of a suspicious vehicle on Hogsett Street at 5:20 a.m. He was driving on Bailey Avenue toward Hogsett Street when he received a second dispatch, saying someone from the suspicious vehicle – a van – had broken into a parked vehicle.
After the second dispatch, Rutter said he radioed officer Donald Gmitter and asked him to assist.
Under questioning from assistant district attorney Jack Heneks Jr., Rutter said he was still on Bailey Avenue when he saw a dark-colored van driving without it headlights on.
After the van’s lights went on, Rutter said he activated his emergency lights and siren and pulled the van over on Bailey Avenue near the entrance to Laurel Highland High School.
He said he stopped 50 to 60 feet behind the van then instructed the driver to shut off the engine and stick his hands out of the window.
The driver held one hand out of the window and did not turn off the engine, Rutter said. He stepped out of his patrol car, but stood near it waiting for Gmitter to arrive.
As Gmitter’s car became visible when it crested a hill, the van took off at a high rate of speed, Rutter said.
He radioed Fayette County 9-1-1 and informed dispatchers that he and Gmitter were pursuing the van. It ran a stop sign as turned onto Gallatin Avenue Extension, heading toward the state police barracks, Rutter said.
Traveling at 70 to 80 mph, the van ran several vehicles off the road, including a coal truck, and nearly hit some of the vehicles.
“The van was sliding around the curves,” Rutter said. “The speed was incredible.”
It ran another stop sign on its way to Route 119 north and was traveling at 90 to 100 mph on the highway, he said.
Gmitter sped ahead of the van, got in front of it and managed to slow it down to 60 to 70 mph, but it managed to turn onto Mount Braddock Road and speeded up again, he said.
The van turned onto Hill Street, which is a dead-end road, and stopped. Rutter stopped behind it, but it backed up and turned causing the side of the van to hit the front of the patrol car.
Rutter said got out of his car and drew his gun as the van pulled forward and shouted at the driver, ordering him to stop the van.
“I yelled – stop, stop, show me your hands – screaming,” Rutter said.
He said the van backed up toward him at a high rate of speed and he fired four shots in the direction of the driver.
“I knew I was going to be run over. I began firing my weapon,” Rutter said.
The van then sped forward, turned and hit a tree. As the van was moving, a woman jumped out on to the gravel road, he said.
Rutter said he thinks he fell when he tried to get away from the van when it was backing toward him, and he was firing while the vehicle was moving toward him.
Another woman in the van was curled up on the floor and screaming, he said.
Under cross-examination by defense attorney Jeff Whiteko, Rutter said the van backed up too quickly for him to get out of the way.
He said van’s tires were spinning in the gravel and dug ruts into the road surface as it backed up.
Rutter said he was facing the rear of the van when he fired. He said he shot into a rear door in the direction of the driver.
State police, who arrived on the scene, noted that two shots hit the van. The two women in the van were not charged.