The Daily Item, Sunbury, PA

News

November 2, 2007

Defense to begin to present its case today

MIDDLEBURG — Defense witnesses are expected to testify today in the vehicular homicide trial of a 26-year-old man charged in an August 2005 crash that killed a Beaver Springs man.

The prosecution rested its case Thursday against Emery A. Troyer, of Beaver Springs, after two days of testimony that included state police, a forensic pathologist and two daughters of Jerry Colabine, 41, who died in the head-on collision.

Mr. Troyer is on trial in Snyder County Court, charged with homicide by vehicle while driving under the influence of alcohol, homicide by vehicle and two counts each of aggravated assault while driving drunk and driving under the influence, in the fatal crash on Route 522, about a half mile west of Route 3009 in Franklin Township, Snyder County.

Mr. Colabine was driving a van struck head-on by an allegedly intoxicated Mr. Troyer. Mr. Colabine died, and his three passengers were injured. His wife, Audrey, and then-14-year-old daughter, Candice, suffered serious injuries, and his 12-year-old daughter, Miranda, was treated for minor injuries.

Prosecutor Anthony Forray, of the state attorney general’s office, called several witnesses Thursday who testified about the deadly injuries suffered by Mr. Colabine and the chain of command used in drawing and testing Mr. Troyer’s blood to determine the blood-alcohol concentration.

The jury heard that Mr. Troyer’s blood-alcohol content was 0.129 percent, well above the legal limit of 0.08 percent.

Mr. Troyer’s attorney, Lynn Erickson Ober, of Leesport, is expected to begin presenting the defense today.

n E-mail comments to mmoore@dailyitem.com.

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