A Cambria County teenager who is serving a state prison sentence for the traffic death of a 16-year-old girl told a judge Tuesday that his friend, Patrick J. Fyock, 24, of Vintondale supplied him with the beer that led to his intoxication the night of the fatal crash.
Daniel Paul Sullivan Turous, now 19, is serving 3 to seven years at the State Correctional Institution Forest in Marienville for homicide by vehicle stemming from the Sept. 25, 2010, crash of his vehicle as it was entering the 300 block of Blair Street, Hollidaysburg, at a speed possibly greater than 100 mph.
Turous' car rolled onto its roof and slid along the street, striking a building before coming to a stop.
Passenger Kelsey Lynn Miller of Nanty Glo died, and Fyock, who was in the rear seat on the driver's side, was critically injured.
Now Fyock is facing charges of involuntary manslaughter, corruption of a minor, and furnishing alcohol to a minor, according to a decision Tuesday by Blair County Judge Timothy M. Sullivan.
Turous took the stand as a witness for Blair County District Attorney Richard A. Consiglio and Assistant District Attorney Derek Elensky, who were trying to show Fyock was directly responsible for the accident because he supplied beer to Turous, who was a juvenile at the time and who said he had never previously drank alcohol.
According to Turous, Fyock bought a case of Miller Lite at a Mount Union beer distributor as he and his friend were on their way to a Turous' family cabin in Mifflin County.
The two spent time drinking beer and talking at the cabin. Then they decided to drive back to Cambria County to pick up Miller and a friend.
They stopped at a distributor in Mount Union to buy another case of Miller Lite, picked up the girls and were returning to the cabin when Turous said he saw a police car turn around and begin pursuing his vehicle through Duncansville.
He told Sullivan that he was fearful that he would get in trouble for drinking and stepped on the gas.
With police in pursuit, Turous sped up until he was going 100 mph or greater, police said Tuesday.
Sullivan presided over the preliminary hearing for Fyock and ruled there was enough evidence to transfer the case to the Blair County Court for trial.
Normally a preliminary hearing is held before a magisterial district judge, but in the Fyock case, the prosecution as well as defense attorney John D. Messina of Johnstown agreed that Sullivan should hold the preliminary hearing.
Messina said the death of Kelsey Miller was "clearly a tragic case and a tragic accident," but he said the prosecution had not shown that Fyock acted in a "grossly negligent manner."
This was such a horrific accident, Messina argued, that no one, including Fyock, could not have foreseen such consequences.
Consiglio countered by arguing that the state Supreme Court upheld a similar conviction in which three teens were killed in a traffic accident after a woman allowed the teens to drink at her home.
The Fyock case was even more serious, Consiglio said, because, unlike the woman in the Supreme Court case, he directly furnished the alcohol to Turous.
After Turous' case had been disposed of police, led by Duncansville Chief James Ott and Hollidaysburg Officer Rodney Estep, started investigating where Turous obtained the beer.
Former state police investigator and now a detective with Huntingdon County, Joseph R. Pierotti, went to the prison and took Turous for a ride. The teen was able to show the detective the businesses where the beer was purchased by Fyock, who at the time of the accident, was 21 years old.
In addition to the Blair County case, Fyock also is facing sexual assault charges stemming from a Cambria County incident that occurred last August.
Police said Fyock and a female juvenile engaged in consensual sexual intercourse on state game land in Jackson Township between Aug. 10 and 24.
The girl, charges state, was less than 16 years old and was eight to 11 years younger than Fyock when relationship occurred.
He is charged with statutory sexual assault, aggravated indecent assault, corruption of minors and indecent assault.
Mirror Staff Writer Phil Ray is at 946-7468. Mirror Staff Writer Zach Geiger
contributed to this report.