PA - Gary Moore, 33, EMS supervisor, killed by drunk driver, Sewickley, 22 Feb 2015

Christner ordered Poston held for trial on all charges related to the death of Gary L. Moore, Jr., 33, of Yukon.

Poston is accused of driving drunk in Sewickley Township on Feb. 22 when he crashed his pickup in an accident that killed Moore, his passenger. Moore was manager of Rostraver/West Newton Emergency Services ambulance.

Poston offered to take Moore home about 1:30 a.m. from the Lowber Firemen's Club, where the men had been drinking, according to testimony at the three-hour hearing. Investigators accuse Poston of leaving the crash scene.

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At a pre-trial hearing on Tuesday, attorney Caroline Roberto questioned the two state troopers in relation to the case of Matthew Poston, 31, who was charged with homicide by vehicle while DUI, homicide by vehicle, driving under the influence, accidents involving bodily injury and death, reckless driving and other charges.

Roberto claims Poston requested to speak to an attorney prior to police asking him questions about the vehicle accident that claimed the life of Gary L. Moore.

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Defense attorney Caroline Roberto, during a pretrial hearing before Westmoreland County Common Pleas Court Judge Christopher Feliciani, argued that the prosecution has no evidence that Poston's blood-alcohol content was above the 0.08 percent level at which a motorist in Pennsylvania is considered to be intoxicated.

“They know legally they can't prove it,” Roberto said as she brandished a copy of a report from a prosecution-hired medical expert who said he could not extrapolate Poston's blood-alcohol level at the time of the late-night crash on Lowber Road in Sewickley Township.

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Lawyers failed to work out a plea deal Wednesday for Matthew Poston, 31, who was charged with being drunk when he lost control of his truck on Feb. 22, 2015, after leaving a social club.

Westmoreland County Common Pleas Court Judge Christopher Feliciani ordered that jury selection for the trial begin July 9. The trial is expected to last about a week.

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A Westmoreland County jury Wednesday found a Sewickley Township man guilty of leaving the scene of a fatal vehicle crash three years ago on Lowber Road but acquitted him of the most serious charges of vehicular homicide and drunk-driving offenses in connection with the death of his passenger.

Assistant District Attorney Allen Powanda said he was satisfied with the jury verdict, conceding that the prosecution had little hard evidence that Poston was drunk at the time of the crash. The guilty verdict for fleeing the fatal crash scene was the outcome the prosecution ultimately sought, he said.

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As a result of the conviction, Poston faces a mandatory minimum sentence of at least three years in prison and could be ordered to serve up to 10 years behind bars, Powanda said.

Westmoreland County Judge Christopher Feliciani said he will sentence Poston within the next month.

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