Jurors hear testimony in homicide by vehicle case
?Fayette County jurors will continue hearing testimony in a case where they must determine whether a Dunbar man’s drinking was responsible for the death of a pedestrian walking on a Georges Township road in 2007.
State police Trooper Matthew Alekson testified Wednesday that when he responded to Wynn Road on Dec. 22, 2007, he could smell alcohol on the breath of Edward E. Weimer, 50.
Weimer had allegedly hit Jonathan Anderkovitch, who was walking on the road that evening. Anderkovitch died of blunt force injuries.
A blood-alcohol test determined Weimer’s blood-alcohol content at the time of the accident was .18 percent, Alekson testified. The legal limit for Pennsylvania drivers is .08 percent.
Alekson testified that Weimer staggered and stumbled, had slurred speech and glassy, blood-shot eyes.
Though they have yet to hear testimony about Anderkovitch’s blood-alcohol level, jurors will likely hear through the course of today’s testimony that Anderkovitch’s blood-alcohol-level was .24 percent.
Weimer’s attorney, Assistant Public Defender Jeremy Davis told jurors that the case is “unfortunate,” but an accident. He told the panel that Anderkovitch was walking on the road in the lane of travel in which Weimer was driving.
Davis told jurors they would see pictures of Weimer’s truck, which had damage to the left front driver’s side portion of the vehicle.
He told the panel that to convict Weimer of the homicide by vehicle counts or the aggravated assault while DUI count that they would have to be satisfied that Weimer caused the accident.
“This was an accident, ladies and gentlemen, and I’m going to ask you to determine that in your deliberations,” Davis said.
In her opening, Assistant District Attorney Phyllis A. Jin told jurors that an accident reconstructionist would testify that skid marks at the scene put Weimer’s speed between 39 and 53 mph. The speed limit on Wynn Road is 40 mph, Jin said.
She acknowledged that Anderkovitch was wearing dark clothes and may have been walking in the roadway, but said that Weimer was operating a vehicle while legally intoxicated.
Weimer is charged with homicide by vehicle while driving under the influence of alcohol, DUI and other related charges.
In 2009, Judge John F. Wagner Jr. dismissed the charges of homicide by vehicle while DUI, aggravated assault by vehicle while DUI and homicide by vehicle.
Prosecutors appealed the decision, and in January, the state Superior Court reversed Wagner’s decision and remanded the case for trial.
The case will continue this morning before Judge Ralph C. Warman.