Oct 31, 2003 By Jennifer Harr 2 min read

The key witness in a homicide case that has yet to go to trial died as a result of an avoidable accident, a Fayette County Coroner’s jury ruled Thursday. Brian Keith Harbarger, 31, of Ferguson Road in Dunbar lost control of his Ford Taurus for an unknown reason, according to state police, and crossed over from the northbound to the southbound lane of Route 51 last Nov. 29.

Harbarger, heading north, hit into a pickup truck driven by Garrett Smith, who was heading south, said police. Harbarger, who was not wearing a seat belt, was pronounced dead at the scene.

Jurors ruled that Smith, who was in the slow lane heading southbound, did all he could to avoid the crash and held no responsibility in Harbarger’s death. Smith testified he had only a short time to react before Harbarger’s car jumped over the median and came into his lane of travel.

The 11:30 a.m. accident occurred near Perryopolis.

Dr. Phillip E. Reilly said a toxicology test taken determined that Harbarger had no alcohol in his system. There was no test taken for drugs, according to deputy coroner Elsie Dvorchak.

Harbarger was the key witness in the case lodged against Troy Edwards Mickens.

Police charged Mickens largely on information provided by Harbarger. He claimed that Mickens admitted to killing Randall Jordan in 1993 for $5,000.

After Harbarger’s death, Mickens’ attorney challenged the use of his preliminary hearing testimony at Mickens’ trial. A county judge ruled the testimony was admissible and the Superior Court refused to hear an appeal of that issue.

Mickens could go to trial as early as next week.

Harbarger also testified in the homicide case against Gerald Powell, accused of killing two people in the 90s. Powell was ultimately acquitted.