Dunbar teen accused of vehicular homicide looks for dismissal of charges
A Dunbar teen accused of causing the death of another teen in an allegedly alcohol-fueled crash appeared in Fayette County Court on Tuesday to ask to have the case against him dropped.
Ethan Kenney, 19, is accused of driving under the influence of alcohol when his vehicle left the road, struck a guardrail and crashed into tree around 4 a.m. along Ridge Boulevard in Dunbar Township on June 9, 2013. Kenney suffered minor injuries, police said, and allegedly fled the scene.
The passenger, Catherine Healy, 19, of Acme died after suffering traumatic brain injuries.
Kenney’s attorney, Samuel J. Davis, argued that based on evidence and the testimony presented at the preliminary hearing in July, prosecutors could not establish enough proof to move forward on the charge of homicide by vehicle while DUI.
Davis pointed out to President Judge John F. Wagner Jr. the testimony of state police Trooper Todd Stephenson. Davis said at the preliminary hearing, he asked Stephenson if it was possible the accident could occurred in the same manner, whether or not Kenney was intoxicated, and Stephenson testified that it could have.
Davis additionally argued that the commonwealth failed to draw blood for alcohol testing within three hours of the crash, as required by statute, and that the test results should be suppressed from evidence. The blood test, which police testified indicated a blood-alcohol level of 0.117, was administered three hours and 15 minutes after the incident, Davis said.
The legal limit for drivers under 21 is .02.
Assistant District Attorney Mark Mehalov countered that the reason the blood was drawn three hours and 15 minutes after the crash was because the defendant was not present to be tested.
“He left the scene of the accident,” Mehalov said, adding that when police found Kenney, he was taken to the hospital and tested within 30 minutes of being taken into custody. “If it’s the commonwealth’s delay, then yeah. But it’s the defendant’s delay. He should not benefit from that.”
Mehalov also suggested Davis thought he had a home run, by pointing to the portion of Stephenson’s testimony in which he said the accident could have occurred the same way, minus the alcohol. Mehalov argued the entirety of Stephenson’s testimony showed that alcohol did play a factor in the crash, because data gathered from the vehicle showed Kenney had not taken action to prevent the crash or stop the vehicle as it left the roadway.
Mehalov said Trooper Patrick Biddle also testified to noticing an odor of alcohol and slurred speech when he questioned Kenney.
Gabriel Nalepka, a paramedic who responded to the scene of the crash, also testified to smelling alcohol inside the vehicle.
“All this should be held and submitted to a jury,” Mehalov argued.
Wagner gave Davis until Jan. 16 to files briefs in the matter, and Mehalov until the end of that month to respond. He will rule on the motions at a later date.