Blood Alcohol at Question in Fatal Pedestrian Hit and Run

Shaler Man Run Over Last December on Babcock Boulevard

Joe DeStio
August 03, 2018 - 3:06 pm

PITTSBURGH (Newsradio 1020 KDKA) – A judge will now have to decide if the victim’s blood alcohol level in a fatal pedestrian hit and run accident may be admitted at trial. Judge Beth Lazzara is considering arguments in the case against 29 year old Melinda Gregor. Her car struck and killed 50 year old Michael Menner of Shaler as he was walking across Babcock Boulevard in Ross last December. Prosecutors say she left him at the scene and kept on driving.

In court, the prosecution says it only has to prove that Gregor knew or should have known she was in an accident involving another person. Defense attorney Phil DiLucente says to do that they have to prove criminal negligence. “In order to prove criminal negligence my argument is that there’s causation that is required to be proved by the prosecution.”

DiLucente believes Menner caused the accident because his blood alcohol at the time was .294, more than three times the legal limit for driving in Pennsylvania. He says it was dark and had rained the night of the accident. He says its possible Menner also had marijuana in his system.

“The jury needs to hear all the facts as it pertains to the actual causation,” according to DiLucente.

Judge Lazzara indicates causation is not important when it comes to leaving the scene of an accident. She will take arguments under advisement and rule before jury selection which is scheduled for August 20th.