CLEARFIELD – Matthew Charles Kennedy, 24 of Osceola Mills, charged with accidents involving death or personal injury, had a preliminary hearing before Magisterial District Judge Michael Rudella on Wednesday.
The first person to take the stand was Donna Raymond of Philipsburg. Ms. Raymond testified that on the evening of June 30, 2004, she was walking to Hi-Way Pizza. Raymond looked both ways up and down State Route 53 before crossing. Raymond said she was three-quarters of the way across SR53 when she noticed a car coming toward her from her right.
“I said to myself that it was moving awfully fast, I had to move,” said Raymond.
Raymond remembers that it was a smaller vehicle, and that it had headlights on.
That was the last thing she remembers about the incident. Raymond did not remember the impact, or what may have happened afterward.
Raymond said that she has vague recollections of being on a helicopter, although she is unsure whether it was taking to Altoona or from Altoona to Pittsburgh to be treated. She does remember the attendant on the helicopter telling her that she was being transported.
As a result of the accident, Raymond’s left leg was amputated above the knee, and skin grafts were needed for her right leg.
Philipsburg resident Scott Hayes testified that on the night in question he was coming up the hill by the pizza shop when he noticed two cars coming toward him. He testified that the cars were traveling in-line, and that they were both compact cars. He noticed the second car was a dark-colored Chevrolet Cavalier.
“They were speeding, but I’m not sure how fast they were going,” said Hayes.
What caught Hayes’ attention, however, was the someone being dragged by the rear bumper of the vehicle. Hayes testified the person was released, rolled, and struck the curb. Hayes went home to tell his mother what happened, then went back to speak with police. It was not until a later time. Hayes testified that he knows Raymond, as they live fairly close.
Pennsylvania State Trooper Dewaine Kephart, the investigating officer of the case, testified that while on scene, remnants of a car were discovered. In particular, an amber lens-piece. Tpr. Kephart said that he spoke with Kennedy at the scene, and that Kennedy he and his passengers were going toward Philipsburg when he heard a thump and noticed his driver’s side mirror was damaged. Tpr. Kephart said Kennedy told him he was going to take his passengers home, and told the trooper he was only doing about 40 miles per hour.
Tpr. Kephart noticed that Kennedy’s driver’s side mirror was dangling from the vehicle, and that a driver’s side lens was damaged. The vehicle was sent to the PSP Erie crime lab. Tests results showed that the lens found at the scene were a part of the car.
Two of the passengers, teenage girls who were in the car also testified. Both said they saw what looked like a “white stick” on the road immediately before the mirror was damaged. One girl said she heard a noise when they hit something. The other girl said they heard nothing. Both girls testified that the vehicle Kennedy was driving was traveling between 100-110 m.p.h.
Both testified that after they went to a local tattoo parlor, where a man arrived and spoke with Kennedy. The girls testified that the man told Kennedy about the accident, and that Kennedy then left. The girls next saw Kennedy at the scene of the accident after they had returned.
Kennedy’s attorney, Jim Naddeo, asked for charges to be dismissed, as he believed there was not enough evidence on the face of the matter to bind them over to court. He argued that Kennedy, after realizing he hit something, returned to the scene. He noted that Kennedy was unaware that he may have hit a human being.
F. Cortez Bell III argued that Kennedy did not immediately return to the scene, and instead went to the tattoo parlor for a time before he was told there was someone injured near the pizza parlor.
Judge Rudella bound all charges to court. Kennedy, 24, also faces charges of reckless driving, duty to give and render aid, and immediate notice of accident to police.