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Crime or accident? Prosecutor and defense disagree over fatal drunk driving case in Erie

The driver had a blood alcohol content of 0.09% – just above the 0.08% limit – and marijuana in his system when his car struck a pedestrian wearing dark clothing who was crossing the street on a red light at the corner of West 12th and Peach streets early this morning.

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Traffic camera video was presented as evidence at a preliminary hearing in a fatal crash involving a car and a pedestrian while driving while under the influence of alcohol at the corner of West 12th and Peach streets in Erie early one January morning.

Both the prosecution and the defense referred to the video at the hearing on Monday.

The double reference to the video is a possible reference to the arguments a jury could hear when the case is tried in Erie County Common Pleas Court.

The video shows a westbound 2015 Subaru Forester striking a pedestrian as he walked north from Peach Street and crossed West 12th Street at 1:07 a.m. on January 27.

The pedestrian, identified as Robert B. Doty, 38, had nearly crossed West 12th Street when he was struck in the westbound lane while walking on a red light and just outside the marked crosswalk, according to the video.

It shows that the Subaru, which was traveling in the far right lane, had a green light and stopped immediately after hitting Doty. He is seen wearing dark clothing.

An Erie Police investigation found that the driver, 26-year-old Logan T. Wing, was driving 30 to 37 miles per hour in a 40-mph zone, according to witness statements.

According to blood test, driver was drunk

The investigation also revealed that Wing told police he was driving home from a bar and his blood alcohol content was 0.09% — above the legal limit of 0.08%. Wing also had marijuana in his system, according to testimony.

The video and the results of the alcohol and drug tests are enough for the prosecution to charge Wing with, among other things, second-degree negligent vehicular manslaughter. If convicted, he faces a minimum sentence of three years in prison.

Wing's blood alcohol level “is not the highest I've ever seen, but it is over the limit,” Assistant District Attorney Brendan Sala said at the hearing. He said “evidence of unsafe driving is evident from the accident itself.”

Defense: There is no evidence of unsafe driving

Wing's attorney Christopher Capozzi of Pittsburgh argued that despite the blood alcohol and drug test results, prosecutors have no evidence that Wing was driving unsafely – an element Capozzi said is necessary to support a charge of intoxicated manslaughter and related cases.

Capozzi said Wing was driving slower than the speed limit. Doty crossed the street when the light was red, was wearing dark clothing and was walking outside the crosswalk markings, the video shows.

“The bottom line is that this was an accident and nothing more,” said Capozzi.

He asked Erie 3rd District Judge Alison Scarpitti to drop the DUI manslaughter charge and several other charges against Wing, who is free on bail.

Scarpitti found all charges ready for trial. She said her ruling was based on the standard for a preliminary hearing, which requires prosecutors to show only that they have enough basic evidence to support the allegations.

As Capozzi said at the hearing, higher standards apply in a court case because the prosecution must prove its arguments beyond a reasonable doubt.

Contact [email protected] or 814-870-1813. Follow him on X @ETNpalatella.

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