Trouble for Smith Township force means some suspects will go free

4/22/2009 3:33 AM

By Linda Metz, Staff writer

lmetz@observer-reporter.com

Washington County District Attorney Steven Toprani is being forced to dismiss criminal cases because of the arrest of three Smith Township police officers.

Toprani said his office has begun sifting through criminal cases filed by suspended officers Mike North, Derek Atif Dayoub and Amber Price. According to Toprani, the officers would be needed to testify to prosecute a handful of cases, most of which were misdemeanors. And, since the officers have been suspended, they would be unable to make an appearance in court.

"We hate to dismiss the cases on a technicality," said Toprani. "Unfortunately, there's nothing else we can do."

He could not provide the number of cases that have been dismissed.

While Toprani downplayed the criminal cases, some were more serious than others.

For example, there's one involving Thomas L. Ervin, 40, of 214 Joe Cain Road, Bulger, who was arrested last year by North following a hit-and-run crash on Pleasant Valley Road, Smith Township.

The crash occurred March 31, 2008, when Ervin allegedly ran head-on into a motorcycle driven by Robert Wasik, an off-duty Washington firefighter. Wasik was thrown from his motorcycle but suffered only minor injuries and refused medical treatment at the scene.

According to a report filed by North, Ervin was found in his van about a half-mile from the crash scene. A tire on Ervin's vehicle had blown out.

Ervin's blood-alcohol content was more than 11/2 times the 0.08 percent limit, police said.

Charges against Ervin included aggravated assault by vehicle while driving under the influence of alcohol, DUI, leaving the scene of a crash, being a habitual offender, having no registration or insurance and carrying an unlicensed firearm.

It was Ervin's third DUI arrest since 1994.

Both North and Dayoub were involved in the incident.

On Monday, Judge John DiSalle agreed to the prosecutors' request to dismiss the case because of North's arrest.

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