Jun 2, 2009 6 min read

Testimony began Monday in Greene County Court for the homicide by vehicle case against 20-year-old Britnee Nicole Moore of Waynesburg for the death of Hope Katelynn Mayle, 16, more than two years ago. In opening statements, Greene County District Attorney Marjorie Fox urged the jury not to think of either Moore or Maley as a daughter, sister or friend, but to examine the facts in the case before rendering a decision. Fox said driving is an adult action that takes adult responsibilities and said although Moore may have not set out to kill Hope Maley, her actions that night were homicidal.

Moore is also facing charges of speeding and reckless driving for the 9:03 p.m. accident on March 13, 2007.

According to testimony from Hope Maley’s mother, Darlene Maley, at the time of the accident, Hope Maley was driving from her mother’s house in Waynesburg to her father’s house at 1461 Smith Creek Road, south of Waynesburg, to visit him in anticipation of her 17th birthday the next day.

“I said ‘I love you, be careful and call me when you get there.’ She said ‘I love you too,'” Hope Maley testified about the last time she saw her daughter alive.

Fox said testimony during the case would reveal that Moore was driving 70 mph in a 40 mph zone and she was driving in an unsafe manner on a dark and windy road. Fox said testimony would reveal that Moore was trying to jockey her cellular telephone at the time of the crash. She said although it isn’t illegal to use a cell phone, drivers have an obligation not to do anything to endanger someone else.

“Hope Maley was crushed to death in her own vehicle. She didn’t make it to her dad or to see her 17th birthday,” Fox said.

Defense attorney Mike Bigley said he agreed that Maley’s death was the result of a two-vehicle accident, but said it was a tragedy and not the result of criminal conduct on the part of Moore.

Bigley said because there were no skid marks at the accident scene, the speed at the time of the crash is subject to interpretation.

Various prosecution witnesses took the stand throughout the day, including forensic pathologist Dr. Cyril Wecht, who performed the autopsy on Hope Maley’s body.

Wecht said among the injuries that Hope Maley suffered were five fractured ribs, a dislocated right hip, broken ankle and bruises to her lungs, lacerations to her liver, small tears of her spleen and a partial tear of her heart.

Wecht said Hope Maley died of blunt force trauma to her chest and abdomen with internal injuries producing internal bleeding.

Greene County Deputy Coroner Mary Lewis said she arrived at the scene at 10:05 p.m., and declared Hope Maley dead upon arrival.

The accident occurred as Hope Maley, a junior at Waynesburg Central High School, was traveling south on Route 218 around 9 p.m. in Franklin Township, when a car driven by Moore traveling north crossed the center lane and struck Hope Maley’s vehicle head-on about 200 feet south of Randy Hoge Road, according to state police.

Juddy Hurst Jr. testified that he returned home from work when he saw two vehicles in front of his home that had just been involved in an accident.

Hurst said he went to the car that was in his yard and he tried talking to the driver, but she was “gone.” Hurst said he didn’t go over to the other car, which remained in the road.

Hurst testified that he initially tried to call 911 from his cell phone, but he lost the call after being connected so he used his home portable phone to call again.

Hurst said he had Cellular One service at the time.

Shayna Puthuff and Shadoe Martin, both 20, each testified that they visited Moore in Magee Women’s Hospital in Pittsburgh after the accident, where Moore was hospitalized for injuries suffered in the crash.

In the hospital, Moore told her friends what had happened at the time of the crash.

“She told us she was reaching for her cell phone and she said I was calling,” Martin testified.

Brandon Geisel, 19, an ex-boyfriend of Martin, testified that he received a text message from Moore after the preliminary hearing in which Moore said his ex-girlfriend (Martin) was a “snitch.”

Trooper John E. Pash, the investigating officer, testified that the accident occurred 31/2 miles south of Waynesburg. He said when he responded, Hope Maley was deceased and Moore was conscious, but her legs were pinned in the vehicle.

Pash said both drivers were licensed.

Both Moore and Hope Maley were driving Honda Civics, with Moore in a white 2006 Civic owned by Pat McClure and Hope Maley in a green 1994 Honda Civic given to her by her father Craig Maley.

Moore, who lives with her parents and brother and sister in Waynesburg, was returning from the home of friend Brandon Louden of Pentress, W.Va., when the accident occurred. A 2006 graduate of Waynesburg Central High School, Moore was working at Krispy Kreme in Washington and attending classes at Westmoreland County Community College at the time.

Darlene Maley testified that she went to Wade’s Body and Frame Shop to retrieve her daughter’s belongings and was given a cell phone that she later determined to be Moore’s cell phone.

The cell phone was given to Pash, who retrieved the information from it.

Louden said Moore picked him up at his home between 5 and 6 p.m. and they went to the Uniontown Mall before she took him home a little before 9 p.m.

Fox questioned Louden about numerous calls and text messages recorded on Moore’s telephone between 6:12 and 8:13 p.m., during which time Louden said he was with Moore.

Fox reviewed about two-dozen calls and text messages over the time span, which Louden said he could not specifically recall if Moore was using the phone while driving or while they were stopped. Louden said it takes more than an hour to drive each way from his home to the Uniontown Mall.

Daniel Paull, the store manager of Verizon Wireless, testified regarding the 119 calls recorded on Moore’s cell phone on March 13 beginning at midnight, 45 of which occurred between 4:38 and 9:01 p.m.

Paull said there were four calls made to the phone between 9 and 9:01 p.m., but he could not tell if the phone rang or if they went directly to voicemail.

The trial will resume at 8:30 a.m. today before Judge William Nalitz.