A jury has found a man guilty in a DUI incident involving a couple on a motorcycle, which not only caused the death of the female passenger, but also prompted the later suicide of her boyfriend, as reported by Go Erie.
E.M. was determined guilty of DUI, homicide by vehicle while DUI and aggravated assault while DUI. He was also found guilty of involuntary manslaughter and recklessly endangering other persons.
Sentencing is scheduled for January 18. The homicide by vehicle while DUI charge carries a mandatory three-year prison sentence.
Defense claimed that motorcyclist, J.W., had braked too hard before the collision, but the evidence showed that it was E.M. alone that was responsible for the death of J.W.'s passenger, M.P.
M.P., 24 at the time of her death, was thrown off of the motorcycle and instantly died from a massive head injury. M.P.'s boyfriend, J.W., who had suffered with both broken bones and a punctured lung, died shortly thereafter - by suicide.
Per his family, J.W., 26, had been riddled with hopelessness after seeing his girlfriend die and could not bear her loss.
M.P.'s mother, M.B., said, "It has been a very long year. I am glad the jury found him guilty of the charges. Maybe we can sleep better at night. We miss her. We miss her like crazy."
The young couple, J.W. and M.P., after moving some furniture for a relative battling cancer, decided to take in the view of the sunset from the base of East Avenue.
Instead, once their motorcycle reached the intersection of East 38th Street and Nancy Drive the were stopped short by E.M., who, while intoxicated, turned his sport utility vehicle directly in front of J.W.'s motorcycle.
The motorcycle was a scant 5 to 10 feet away from the SUV, and the veteran motorcyclist had nowhere to turn to avoid a collision.
J.W.'s family members, that were present in court, said that it was hard for them to hear the defense claim that J.W. was at fault.
But, as two Assistant District Attorneys, Mark Richmond and Lisa Ferrick, showed, it was E.M. alone that caused the accident. He was the one that drank the day away in four different neighborhood bars and, as his blood alcohol test later proved, he was well over the legal driving limit of 0.08 percent.
E.M.'s blood alcohol was 0.205 percent after the crash.
An investigation by Sgt. J.A., along with witnesses, led to the conclusion that J.W. tried to steer his motorcycle around the back of the SUV - when the vehicle crossed so closely in front of him - but he simply didn't have the time. The motorcycle then collided with the rear passenger side and dislodged the rear bumper of the SUV before the two victims were thrown from their motorcycle.
If you are facing criminal charges stemming from a DUI, DWI, OUI or OWI, the first thing you need to do to prepare a solid defense is to contact a DUI attorney. Only the proper representation can help you avoid fines, the loss of your driving privileges and jail time.