Teenager to enter rehab in fatal accident
A teenager who was driving while intoxicated when his car crashed into a tree in Wharton Township last fall, causing the death of a passenger from Chalk Hill, was adjudicated Tuesday to rehabilitation and probation during a juvenile hearing in Fayette County Court.
Zachery Nelson, 17, died in the crash at Nemacolin Woodlands Resort in Farmington.
The driver was age 17 when the fatal accident occurred in September and thus charged as a juvenile. There was no petition filed seeking to transfer the case to adult court. Now 18, the driver appeared in court before Senior Judge Conrad Capuzzi. He stood alongside his attorney, Samuel J. Davis, during the hearing.
The teen said that he understood that he gave up his right to a hearing and trial by making an admission to the charges.
He was charged with homicide by vehicle, homicide by vehicle while driving under the influence of alcohol, aggravated assault by vehicle while DUI, DUI and various summary offenses, including driving at an unsafe speed, reckless driving, not wearing a seat belt and having more passengers than seat belts in the vehicle.
The driver admitted to Capuzzi and a courtroom that included numerous family members of the deceased teen, his own family and others that he was intoxicated when he wrecked a 2006 Honda Civic on Hardy Boulevard at 10:53 p.m. Sept. 10, causing Nelson’s death and serious injuries to Paige Hardy. Another teenager, Gabriella “Gabby” Cellurale, also was injured.
Hardy and Cellurale have since recovered.
Hardy is a daughter of Joseph A. Hardy III, who founded Nemacolin Woodlands.
At the time of the accident, the teen driver had a blood-alcohol level of .136 percent. Drivers 21 and older can have a alcohol-level of .08 percent.
The teen, who respectfully and calmly answered Capuzzi’s questions, admitted that there were six people in the car at the time of the accident, although there were only five seat belts.
He admitted that he was driving too fast while under the influence of alcohol with too many passengers and he wantonly disregarded the safety of the passengers.
Capuzzi explained that there was no accusation that the fatal accident was intentional, rather that all the charges were based on negligence.
Nelson’s father, Dan Nelson, addressed the court before the adjudication — similar to a sentence in an adult criminal proceeding — was issued. He said he cares for the teen and his family and has forgiven him, adding that he would like to see the teen committed to a treatment center to ensure nothing similar happens again.
“It could have happened to anyone,” Dan Nelson said.
He added that adults who supply alcohol to teenagers should be sent a message that it isn’t alright.
“I think treatment is a very good way to go,” Dan Nelson said.
District Attorney Jack R. Heneks Jr. said he agrees with the need for rehabilitation as a way to bring closure to the case as much as possible. He said teenagers need to learn that there are no actions without consequences.
Juvenile probation officer Mark King recommended that the teen be committed to Gateway Rehabilitation Center in Aliquippa for a minimum of 45 days, where he will undergo counseling and therapy for post-traumatic stress disorder and drug and alcohol issues.
King said he is recommending that after he is released, the teen should be placed on electronic monitoring for up to 180 days and should perform 50 hours of community service. He also should speak at 12 education programs coordinated with the Fayette County Crime Victims’ Center and Fayette County Drug and Alcohol Commission, said King.
Specifically, King said the teen should speak to students about the dangers of drinking and driving.
King said the teen has been on electronic monitoring since shortly after the accident, and he has not had any violations.
Heneks said there also will be a driver’s license suspension of about eight years, with the exact length of time to be determined by the state Department of Transportation.
Capuzzi agreed with the adjudication recommendations, adding that he hopes the outcome of the therapy and probation will allow the teen to be a productive member of society. The teen will be taken to Gateway as soon as a representative takes him.
In closing the hearing, Capuzzi said he wanted to state the obvious conclusion, which is that it is illegal to drive under the influence of alcohol and if you do you will suffer the consequences.
He added that it is unwise to use your judgment to be a passenger in a vehicle with someone who is under the influence.