LIGONIER TOWNSHIP, Pa. — The trial for a man charged in connection with the death of a Ligonier Township police officer will not be moved out of Westmoreland County, for now,
reported Thursday afternoon. %
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Clair Fink is accused of being drunk when he crashed his work van head-on into a police SUV while driving the wrong way on Route 30 in May 2015. The SUV was driven by 40-year-old Lt. Eric Eslary, who was killed.
Fink’s lawyer argued during a hearing Thursday that, due to the publicity of the case, finding an impartial jury will be difficult. However, the judge decided to proceed with seating a jury, and if any problems arise it will be reconsidered whether to move the trial.
BREAKING: Judge wont move Clair Fink's trial out of Westmo. Co. If impartial jury can't be seated, he'll decide then pic.twitter.com/5zsJGS2ncq
— WPXIJennifer Tomazic (@JenniferTomazic) May 19, 2016
Fink is charged with third-degree homicide, homicide by vehicle while driving under the influence and reckless driving.
New surveillance video released showed Derek Gifford and Fink leaving a strip club the night of the incident.
On Thursday, Fink’s lawyer argued that his client should not be charged with third-degree murder, citing 23 similar cases over the last six years in which the defendant has been charged, instead, with involuntary manslaughter. He claims the third-degree murder charge was based on the fact that Eslary was a police officer. %
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The prosecution maintains that Fink should be charged with third-degree murder because he showed clear and sustained recklessness.
A man who was in the van with Fink at the time of the fatal accident was called by the prosecution as a witness Thursday. Gifford testified that Fink possibly drank five to six beers before the crash and that he struck five to ten construction cones on Route 22.
“I’m sorry. I’m sorry for the events that happened that night,” said Gifford
Gifford also testified that Fink declined his offer to drive and did not listen when he told him he should stop driving. He said that he did not realize Fink drove onto Route 30 in the wrong direction because there were no signs or other vehicles on the road.
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