Ligonier man loses bid to have murder charge dismissed
A Ligonier man accused of driving drunk and killing a police officer in a head-on, wrong-way crash lost an attempt to have a third-degree murder charge thrown out.
Westmoreland County Judge Christopher Feliciani on Monday denied a pretrial motion seeking to dismiss the charge against Clair Eugene Fink III, 32. Fink is accused of killing Ligonier Township police Lt. Eric Eslary in the crash.
Public defender John K. Sweeney argued that drivers involved in fatal drunken driving crashes typically are charged with homicide by vehicle or involuntary manslaughter. He accused prosecutors of opting “to enhance” the charge only because Eslary was a police officer, violating Fink's rights to equal protection under the law.
During a hearing on the motion Thursday, Assistant District Attorney Allen Powanda countered that the allegations against Fink outweigh facts from any previous case and show the defendant's actions constituted malice.
Testimony revealed Fink and Derek Gifford of Unity, a co-worker at Westmoreland Pools and Spas, drank together for several hours after installing a pool liner in Uniontown. Fink drove east in the westbound lanes of Route 30 at 2 a.m. for several miles before he collided with the police vehicle. Eslary died and his K-9 officer, Blek, was injured.
Gifford testified Fink was swerving and struck several road-construction barriers before slamming into Eslary's patrol vehicle.
“He was driving spotty. He was swerving. I could tell he was intoxicated,” Gifford testified.
Fink's blood-alcohol content was 0.197, more than twice the limit at which a motorist is considered intoxicated in Pennsylvania, and he had traces of marijuana in his blood, according to medical records introduced at the hearing.
In addition to seeking to dismiss the case, Sweeney wanted the case moved to another jurisdiction because of pretrial publicity. Feliciani said he would address that issue if selecting a jury proves to be difficult at the start of the trial.
Fink is being held in Westmoreland County Prison without bond.
Liz Zemba is a Tribune-Review staff writer. Reach her at 412-601-2166 or lzemba@tribweb.com.
