Man seeks to have homicide by vehicle charge dropped
A Fayette County judge questioned on Friday why prosecutors wouldn’t have dismissed a charge in a vehicle-related death if they could not sustain their burden of proof. Edward E. Weimer is charged with homicide by vehicle while driving under the influence of alcohol, and was in court with his attorney, Assistant Public Defender Jeremy Davis, to ask that the charge be dismissed for lack of evidence. Davis pointed out that in the affidavit of probable cause, attached to the criminal complaint, police indicate that the victim, Jonathan Anderkovitch, who was walking in the middle of the road, was at fault for the accident.
Davis argued that, because Anderkovitch was walking in the road, that even someone who was not drinking would not have been able to avoid hitting him.
Wagner questioned why, if police determined Anderkovitch was at fault, the charges were proceeding.
Assistant District Attorney Douglas Sepic said that he was uncertain that an accident reconstructionist said Anderkovitch was at fault – though the opinion was listed in the affidavit charging Weimer.
Wagner questioned why prosecutors didn’t do the “legally and intellectually honest thing, and pull the charge you can’t sustain.”
Trooper Matthew Alekson alleged that Weimer, driving a pickup truck, hit Anderkovitch while he was walking on Wynn Road in Georges Township on Dec. 22, 2007.
Weimer, 49, of Uniontown is also charged with homicide by vehicle, DUI and other related charges.
Davis also argued there was not enough information to uphold the homicide by vehicle while DUI charge because it had to be clear that the alcohol was what caused the crash.
“You want me to determine as a matter of law that driving at .18 did not cause this accident?” Wagner asked. “We all know impairment starts with the first drink.”