Van driver charged in wrong-way crash that killed Ligonier Twp. police officer

The widow of a Ligonier Township policeman killed by a van headed the wrong way on Route 30 sat quietly Thursday as the man behind the wheel of that van was charged in her husband's death.

Police allege a night of heavy drinking led Clair E. Fink, 32, of Ligonier to slam his work van head-on into a police sport utility vehicle driven by Lt. Eric Eslary, 40, of Ligonier Township.

Eslary's wife, Mary Beth, watched as Fink, dressed in jeans, a blue T-shirt and sandals, wiped away tears during his arraignment before District Judge Mark Bilik on third-degree homicide and 12 other charges stemming from Eslary's death while on patrol May 5.

Fink's blood-alcohol content was 0.197 percent, more than twice the 0.08 percent level at which a person is considered intoxicated in Pennsylvania, police said. He also had marijuana in his system, records show.

As Bilik explained the need to have an attorney represent him, Fink said he is unemployed and requested a public defender.

“I'm in the wrong in everything anyways,” he said.

After his arraignment, Fink said he was “very sorry” and wished he “could go back and change time.”

Mary Beth Eslary said she has “full faith” in the state police and their investigation.

“I know that justice is going to be served soon,” she said.

Fink faces a maximum sentence of 20 to 40 years in prison on the homicide charge alone.

District Attorney John Peck said “the fact that he had been traveling in the westbound lanes in the wrong direction for a period of time without making any effort to turn around or get off the roadway ... constitutes the type of recklessness” required for a third-degree murder conviction.

Eslary's K-9 partner, Blek, who was in the SUV with him, was treated for a ruptured spleen and a ruptured disc that bruised his spinal cord, leaving the dog partially paralyzed for weeks.

Court documents supporting the charges against Fink provide details about the events leading up to the crash.

Fink picked up Derek Gifford, 21, of Unity for their shift working for Westmoreland Pools and Spas at 6:10 a.m. May 4 and headed to a job in Uniontown.

On the drive home after work, the pair stopped about 7 p.m. and Fink bought an 18-pack of Natural Ice beer, Gifford told investigators.

They began drinking, then went to the Filly Corral, an exotic dance bar near Smithton, but found it was closed, police said.

They continued drinking in the van and drove about 25 miles north to the Beehive gentleman's club on Route 22 in Salem, arriving at 11:42 p.m., police said.

A club employee described Fink as being a “mess” and said he appeared to be drunk, according to the criminal complaint.

Surveillance video shows Fink entering the club, then fumbling around for more than two minutes as he tried to locate his identification in his wallet, police said.

When the two left the club at 12:42 a.m., it appeared in the video that Fink had difficulty maintaining his balance, police said.

Gifford later told police Fink had between seven and nine beers throughout the night and that he noticed Fink's driving getting worse after they left the Beehive.

The men then drove east on Route 22 to New Alexandria and stopped at a Sheetz convenience store for a snack. On the way there, Fink announced he was drunk, Gifford told police.

In reviewing videos, police noticed the van had two operating headlights when the men left the Beehive, but only one working headlight when they arrived at Sheetz, the complaint said.

Gifford explained that Fink struck about 15 to 20 construction cones while driving to Sheetz, damaging the headlight, according to court documents.

After the snack, they headed south on Route 217 to Route 30, police said.

During that time, Gifford sent a message to a female friend expressing concern about his co-worker's driving, which he described as “scary,” police said.

At the Route 30 intersection at Kingston, Fink headed east in the westbound lane, police said. He traveled 3.7 miles before crashing into Eslary's police unit at 1:42 a.m.

Fink was traveling between 63 and 68 mph at the time of the crash. Eslary was traveling between 34 to 40 mph, police said. The posted speed limit is 55 mph.

Both Gifford, who is not charged, and Fink were injured and hospitalized after the crash.

An attorney for Westmoreland Pools and Spas has said the owner had no knowledge of the employees' activities prior to the crash.

Eslary was a 17-year-veteran of the force. He founded the department's K-9 unit in 2000.

“We're very pleased that charges have been filed,” said Ligonier Township manager Terry Carcella.

Blek, the K-9, is living with Eslary's wife. Township supervisors likely will discuss Blek's future when they meet Aug. 11, Carcella said.

“State police and the district attorney's office — I know they've been working hard on this case, and I'm confident with what they're doing,” said Ligonier Township Police Chief Michael Matrunics.

In addition to third-degree homicide, Fink is charged with homicide by vehicle while driving under the influence, occupant protection, obedience to traffic control devices, driving on divided highways, reckless driving, restrictions on alcoholic beverages, lighting requirements, speeding and three counts of driving under the influence.

A preliminary hearing is set for July 29.

Renatta Signorini is a staff writer for Trib Total Media. She can be reached at 724-837-5374 or rsignorini@tribweb.com.