Judge to consider dimissing DUI charge in a Mt. Pleasant man’s homicide by vehicle trial
A Westmoreland County judge will make a decision on an ongoing issue of a 2013 DUI charge in a Mount Pleasant man’s homicide by vehicle trial that was recently refiled after it was previously dismissed.
On Wednesday, a pre-trial hearing was held for Scott M. Leighliter, 27, where his attorney, Michael Ferguson, argued that the commonwealth committed a “collateral attack” by refiling the charge of driving under the influence of alcohol-high rate of alcohol before Magisterial District Judge Roger Eckels on Dec. 5.
Leighliter was the driver in a one-vehicle collision in Mount Pleasant Township on March 19, 2013, that resulted in the death of passenger Corey Moxinchock and injuries to passenger Patrick Marshella.
Ferguson went on to say the refiling went against due process rights of his client, especially after four previous hearings over a two-year period in the Westmoreland County Court of Common Pleas were held for the commonwealth to effectively argue the issue.
“They had all the opportunities in the world,” Ferguson said. “Enough is enough.”
The issue of the blood draw has been argued since Leighliter’s preliminary hearing in 2013, when Ferguson argued that the blood sample taken from Leighliter occurred over two hours following the collision, making it inadmissible as the commonwealth couldn’t establish an exception to that two-hour rule to make a blood draw.
On Nov. 18, Westmoreland County President Judge Richard E. McCormick Jr. granted Ferguson’s pre-trial motion to dismiss that specific DUI charge but denied his request to drop the remaining charges, including homicide by vehicle while DUI, aggravated assault by vehicle while DUI, DUI general impairment, homicide by vehicle, aggravated assault by vehicle, recklessly endangering another person and other traffic violations.
McCormick’s opinion stated that the statute is written to say the commonwealth can prove no alcohol was consumed between a suspect’s arrest and the taking of the sample, but that ambiguity hurt the commonwealth’s argument because Leighliter was arrested eight months after the collision.
“The language is clear,” said Westmoreland County Assistant District Attorney Allen Powanda, who said he only needs to prove that Leighliter didn’t consume any alcohol between the two blood tests.
Powanda said he found five additional witnesses to testify that Leighliter didn’t consume any alcohol between the first blood test that was conducted by medical personnel at the UPMC Presbyterian Hospital that showed his blood-alcohol content below legal limit of intoxication and then a second blood test taken later at the hospital that showed Leighliter’s blood-alcohol content over the legal limit.
“The commonwealth had opportunities to present evidence to support the argument you’re making,” McCormick said. “How many bites of this argument do you get? That’s what concerns me.”
McCormick said he will take the matter into consideration.
Leighliter is free on $50,000 bond.