Jun 4, 2009 6 min read

WAYNESBURG – A Greene County jury Wednesday found a 20-year-old Waynesburg woman guilty of homicide by vehicle and other charges in the 2007 traffic death of a Waynesburg teen. The jury of six men and six women deliberated for more than three hours before reaching the guilty verdicts against Britnee Nicole Moore. Moore also charged with speeding, driving at an unsafe speed and crossing the centerline. Her car struck a car driven by Hope Katelynn Maley, 16, head-on at 9:03 p.m. on March 13, 2007, the day before Maley’s 17th birthday.

Maley was a junior at Waynesburg Central High School. Moore, a 2006 graduate of Waynesburg Central, was employed at Krispy Cream doughnuts in Washington at the time of the crash.

The accident occurred in the southbound lane on Route 218 in Franklin Township.

According to testimony, at the time of the accident Moore was driving north from Pentress, W.Va., to her home in Waynesburg and Maley was driving south to Smith Creek Road to her father’s home. At the time of the crash, police alleged that Moore was speeding and reaching for a cell phone when she crossed the centerline and hit Maley’s car as she was rounding a curve.

The impact forced Maley’s vehicle backwards off the road and caused the front of the car to be pushed back into the passenger compartment, crushing Maley in her car. An accident reconstruction expert testified that Moore’s 2006 Honda Civic was crushed 36 inches on the front driver’s side and Maley’s 1994 Honda Civic was crushed 55 inches on the front driver’s side.

Testimony in the case began on Monday morning and concluded Tuesday afternoon. During the trial, Moore did not take the stand to testify in her own defense. Numerous witnesses testified that Moore was making and taking cell phone calls and text messages prior to the crash.

During closing arguments, District Attorney Marjorie Fox asked the jury to use common sense in deliberating. She said although different potential speeds were given for the vehicles at the time of the crash, there was “horrific damage” to each car.

Fox said Moore wasn’t only driving way too fast on a curve on Route 218, she also was careening into the other lane and jockeying with her cell phone.

“Britnee had a choice,’ Fox said.

Fox said Moore made the choices on March 13, 2007, that led to the death of Maley.

Fox said she couldn’t make things right, she can only seek justice.

“Hope’s car became her tomb,” Fox said. “Britnee needs to take responsibility for what she did.”

In addition to homicide by vehicle, involuntary manslaughter and recklessly endangering another person, Moore was charged with speeding, driving at an unsafe speed and driving in the opposite lane of traffic.

In finding her guilty, the jury found that she acted in a reckless or grossly negligent manner in taking the life of Maley.

Prior to the reading of the verdict, Judge William Nalitz ordered those in the courtroom to refrain from any outbursts.

Some of those in attendance sobbed upon the announcement of the verdicts.

“Hope’s precious life matters. Not a day goes by we don’t feel the pain and we were just praying for justice,” said Hope’s mother, Darlene Maley.

Darlene Maley added that she was thankful to the jurors for their verdict.

“We’re devastated without Hope every day,” Darlene Maley said.

In closing arguments, defense attorney Mike Bigley asked the jury to return a verdict of not guilty, saying he didn’t believe the commonwealth met its burden of proof beyond a reasonable doubt.

“No doubt this case is a tragedy but it doesn’t rise to criminal conduct, and you should acquit Britnee Moore,” Bigley said.

Bigley said as evidence in the case, Hope Maley’s car should have been preserved so it could be inspected, and because that wasn’t done, Moore wasn’t ensured of a fair trial.

“We think that the ultimate issue is speed at the time of the crash,” Bigley said.

He pointed out that an accident reconstruction expert called by the defense provided a range of speeds for Moore and Hope Maley that were plausible, and not all the speeds for Moore were over the speed limit.

Fox said after the verdict was read that it was a difficult case for everyone involved, but it was an important case. She said the case was about presenting multiple circumstances that led to the death of Hope Maley, none of which were the teen’s fault.

“There were so many actions and decisions made by Moore that led to (Hope Maley’s) death. People make mistakes every day but this was an extraordinary case,” Fox said.

Fox thanked the state police for their hard work throughout the case.

Just as she did not take the stand in her own defense, Moore did not comment at the conclusion of the trial. Bigley said while he and his client respect the verdict of the jury, they are disappointed in it because of the fact that his client was denied access to all the evidence in the case. He added that because civil litigation is pending, he did not want to comment further.

Bigley said he thinks Moore has taken responsibility for her actions and the trial was the beginning of the healing process.

Bigley said he would wait until sentencing before deciding whether or not to appeal the jury’s decision. He said because the standard range of punishment for homicide by vehicle is three to 12 months, they are hoping for acceptance in to the intermediate punishment program.

After the jury was excused, Nalitz denied a motion by Fox to increase Moore’s bond and also denied a motion by Bigley to set aside the guilty verdict.

A pre-sentencing report was ordered and Nalitz will sentence Moore at a later date. The maximum term of incarceration for homicide by vehicle is seven years in prison. Defense attorney Mike Bigley (right) escorts Britnee Nicole Moore from the Greene County Courthouse Tuesday. Moore was found guilty of homicide by vehicle in the traffic death of a Waynesburg teen.