Castagna acknowledges 2 DUI arrests during hearing

Testifies first incident expunged from record

Suspended West Mifflin Area School District superintendent Daniel Castagna defended the reason he claimed that his 2017 arrest for driving under the influence was his first offense, even though he was previously charged with DUI in 2008.

Testifying at a hearing before the school board last week, Mr. Castagna acknowledged he was arrested for DUI in 2008, but said it was expunged from his record because he completed an accelerated rehabilitative disposition (ARD) program.

The Nov. 29 meeting was held under Section 1080 of the Pennsylvania School Code, which allows the school board to eventually vote to remove him from office — and void any buyout requirements. Mr. Castagna faces a number of accusations — including neglect of duties, incompetency and immorality under the Public School Code.

In late September 2017, Mr. Castagna was arrested for DUI on Interstate 376 in Beaver County after officers observed his Lexus weaving and straddling the lane line. At the time of the incident, his blood alcohol content was measured at 0.15, nearly twice the legal limit of 0.08.

Mr. Castagna testified that the day after the arrest, he called Matthew Racunas, who was at the time the district’s solicitor to inform him what had happened.

“I told him I had an ARD from 2008,” Mr. Castagna testified

Mr. Castagna said he reported the 2017 DUI to the Department of Education, but reported it as a first offense, not a second. He said the charge from the police listed the 2017 offense as his first DUI.

Mr. Castagna testified Mr. Racunas told him he didn’t need to report the 2017 DUI as a second offense because the first arrest was more than three years ago and was lower than a first-degree misdemeanor.

He said he reported the 2017 DUI arrest to the school board and the district’s administrators and teachers.

He added that board members at the time were “understanding” of his situation and that he used the incident as a teaching moment for students.

After Mr. Castagna had a court hearing regarding the DUI in late December 2017, it came to light that the 2017 arrest was his second after his attorney Steven Valsamidis held a news conference for reporters.

Krisha DiMascio, attorney for the district, asked Mr. Castagna if he ever updated the paperwork he

sent into the Department of Education to reflect that it was a second offense. Mr. Castagna said he was never advised by the solicitor to revise the paperwork.

Ms. DiMascio also questioned him regarding the morality of getting a DUI. He said he did not think his DUI in any way compromised the way in which he did his job, but added it was “poor judgment.”

Mr. Castagna’s attorney Colleen Ramage Johnston asked him if he was aware of any district officials or school board members who have had multiple DUI arrests.

“Yes,” he said.

He added West Mifflin is a “shot and a beer type of town” with its many social clubs, fire halls and fish fries.

According to the Court of Common Pleas of Allegheny County, current board member Stephen Kovac has had two DUI arrests — one in March 2005 and one in April 2008. He was not on the school board at the time.

Also at the hearing, the district called Timothy Motte, a retired Pennsylvania State Trooper, to testify as an expert witness regarding the Sin City Desciples motorcycle club.

Mr. Castagna is accused of paying members of the motorcycle club to provide intimidation and security at a school board meeting.

In September, Rick White, a member of Sin City Desciples who runs the 1313 bar in Duquesne, testified he was not asked to or paid to come to any board meetings and only came because he was interested in doing a book bag drive for students.

Mr. Motte testified he had investigated motorcycle gangs when he was a state trooper. He said that outlaw clubs usually are identified by a “1 percent” diamond patch on their vests.

“What I reviewed in the transcripts was that Mr. White had a 1 percent diamond on his vest,” which would indicate that Mr. White was a member of an outlaw motorcycle gang, Mr. Motte said.

“They are considered by the FBI as an outlaw gang,” said Mr. Motte of Sin City, which is a national club.

At a September hearing, Mr. White testified he was a member of a motorcycle club, not a gang.

However, Mr. Motte said based on the transcripts he read and the fact Mr. White wore the 1 percent patch, “He’s absolutely a member of an outlaw motorcycle gang.”

Mr. Motte added, he did not know why Mr. White would have worn his “colors” to a school board meeting.

“With my training and expertise in dealing with outlaw motorcycle clubs, I cannot fathom why they’d wear their colors to a school board meeting,” Mr. Motte said.

After Mr. Motte’s testimony, Ms. Johnston, asked him if he expected to be paid for testifying as an expert witness.

“Yes,” he said. He added he was going to be paid $1,000 for his testimony. Nikki Lykos, an attorney for Mr. Castagna, said after the meeting that the district paid Mr. Motte to testify.

Mr. Castagna has filed a federal lawsuit against the district and the six board members who voted to suspend him, saying he had been targeted because he reported wrongdoings by several district employees.

In October a U.S. District magistrate judge dismissed a motion by the school district to have the lawsuit dismissed.

After the conclusion of the hearing, both the district and attorneys for Mr. Castagna will have until Jan. 4 to submit “findings of facts and conclusions of law” to the hearing officer, Thomas Castello. Mr. Castello will then make a recommendation to the school board, which the board can either accept, reject or modify.

The board would then deliberate in executive session and cast a vote at a public school board meeting. The earliest the board could make a decision would be its Jan. 17, 2019, voting meeting.