Defense wants charges in fatal Dunbar Township wreck dismissed

Sept. 30--The attorney for a Fayette County man accused of driving drunk when he wrecked his truck, killing an Acme woman, said the truck was sold to a salvage yard before a defense expert could examine it.

Now, Sam Davis of Uniontown wants the case dismissed against Ethan Kenney, 20, of Dunbar Township, who is charged with homicide by vehicle while driving under the influence, DUI, accidents involving death or personal injury, purchase of alcoholic beverage by a minor, failing to notify police of an accident involving injury or death and other traffic violations in the death of Catherine "Cat" Healy.

Healy, 19, was the only passenger in Kenney's 2004 Chevrolet Colorado pickup when it crashed about 4 a.m. June 9, 2014, along Ridge Boulevard in Dunbar Township. The two had left a party about a five-minute drive from where the truck left the road, police said.

Police said Kenney had a blood-alcohol content of 0.117 percent. A driver under age 21 in Pennsylvania is considered to be under the influence at 0.02 percent.

On Sept. 24, Davis filed a motion seeking to have the case dismissed because police can't find the truck so a defense expert can examine it.

Judge John F. Wagner Jr. in July issued an order granting the defense access to the vehicle, but Davis said in the motion that state police failed to comply with the order because they have no record of its whereabouts.

Kenney believes the truck "was sold to a salvage yard, and was ultimately disposed of," said Davis in the motion. Without access to the truck, Kenney cannot "prepare an adequate defense," according to the motion.

Doug Sepic, the assistant district attorney who will try the case, said police might have turned the vehicle over to Kenney's insurance company, but it's not known if that was done prior to Wagner's order granting access to the defense.

Wagner previously dismissed a pretrial motion in which Davis asked that the case be dismissed on the grounds that blood-alcohol tests are unreliable. Wagner has not set a hearing on the motion to dismiss because of the truck's disappearance.

Kenney is free on $50,000 unsecured bond.

Liz Zemba is a staff writer for Trib Total Media. She can be reached at 412-601-2166 or lzemba@tribweb.com.

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