Defense in fatal DUI case seeks lesser charge, trial venue move
PITTSBURGH – A man charged with killing a Western Pennsylvania police officer in a wrong-way crash while he was intoxicated is asking a judge to reduce the charges and either move his trial to another county or bring in a jury from another area because of publicity about the case.
Clair Fink III, 32, of Ligonier, is charged in Westmoreland County with third-degree murder, vehicular homicide while intoxicated and other crimes in the May 5 crash on Route 30 that killed Ligonier Township Lt. Eric Eslary and injured K-9 officer, Blek.
Defense attorney John Sweeney said in pretrial motions filed Friday the third-degree murder charge violates his client’s right to equal protection under the law because, he argued, it was only applied because the victim was a police officer.
Fink is the first criminal defendant in the county since 2010 to face a charge of third-degree murder, a count not applied in more than 20 other vehicular homicide cases, Sweeney said.
“The defendant believes the commonwealth has chosen to enhance the charges and potential penalties against him solely because the decedent in this matter is a police officer,” Sweeney wrote.
He also argued the charge is improper because there was no evidence of malice on Fink’s part. Prosecutors contend the defendant’s conduct was malicious in that he kept driving the wrong way while drunk even after crashing his vehicle, but Sweeney contends that they cannot prove any recklessness at the level “required to establish malice.”
Citing pretrial publicity, Sweeney said the case’s “notoriety … could not help but taint a potential jury pool,” so the proceedings should be moved or an outside panel should be brought in. He cited not only coverage in newspapers, on television and in social media, but also community fundraisers, T-shirt sales, dinners and reports of Blek’s participation in Fort Ligonier Days’ activities.
When he was arraigned in July, Fink tearfully apologized and said he was wrong and he deserves what he gets. He told reporters “I wish I could go back and change time.”