Vehicular homicide trial opens
Monday began the vehicular homicide and drunken driving trial 38-year-old Douglas E. Geary. State police allege Geary’s alcohol consumption caused an accident that killed his passenger, Winfield Charles Hissem on Aug. 20, 2000.
But when Fayette County jurors hear testimony, they will not hear any evidence of Geary’s blood-alcohol content.
In a ruling last year, the blood test that proved Geary’s BAC was .12 percent was thrown out because there was not a proper warrant to get Geary’s blood. A motorist in Pennsylvania is considered driving under the influence with a BAC of .10 or greater.
Nonetheless, prosecutors are forging ahead with the case against Geary, who is charged with homicide by vehicle while DUI, homicide by vehicle, accidents involving death while improperly licensed, DUI, roadways not laned for traffic, reckless driving and operating a vehicle with a suspended license.
First Administrative Assistant District Attorney John A. Kopas III, who is barred from mentioning Geary’s BAC because of the ruling, told jurors that they would not hear any scientific evidence of Geary’s alleged intoxication.
Kopas told the seven-woman, five-man panel that police and emergency medical personnel who responded to the Bullskin Township crash will testify to Geary’s appearance and demeanor after the crash.
Geary and Hissem wrecked along Quail Hill Road, according to police.
Attorney Ed Bilik of Greensburg said that Geary lost control of the vehicle, but was not drunk at the time.
“Just because someone … loses control of the car and someone is killed, we don’t charge them with homicide by vehicle. … We don’t make citizens of this commonwealth criminals simple because they had accidents,” said Bilik.
He also indicated to jurors that he would present witnesses who saw Geary just before and just after the accident who will indicate that he did not seem under the influence of alcohol.
Testimony will pick up Tuesday before President Judge William J. Franks.