Man acquitted in fatal ATV crash

NORRISTOWN » A Montgomery County jury determined prosecutors did not prove that an Upper Providence man was operating an all-terrain vehicle at the time it was involved in a two-vehicle crash that killed a woman also riding on the ATV.

After 6½ hours of deliberations on Tuesday, the jury of seven women and five men acquitted Steven Edward Gismonde Jr., 33, of charges of homicide by vehicle while driving under the influence, homicide by vehicle, accidents involving death while not properly licensed and DUI in connection with the 2:35 a.m. Dec. 24, 2016, ATV crash that killed 21-year-old Sydney Hunter Stone of Trappe.

Gismonde, of the 1000 block of South Lewis Road, showed no emotion as the verdict was announced after a four-day trial and declined to comment as he left the courtroom.

Defense lawyer Carrie L. Allman said Gismonde was “relieved” about the jury’s decision. Gismonde had faced a possible mandatory prison term of three years if he had been convicted of the homicide by vehicle while DUI charge.

“I think all of us are relieved.

We’re grateful to this jury for the service they provided. They were careful, considerate, deliberate and clearly took a lot of time with this,” Allman said. “I don’t think that anybody wins today. This is a terribly tragic case. There’s a young woman who died. My client suffered serious injuries and continues to do so. It’s just a terrible tragedy for everyone involved.”

During the four-day trial, Allman argued prosecutors didn’t have sufficient evidence to prove that Gismonde was driving the ATV, which he owned, and she suggested Stone could have been behind the wheel.

“It was our position that based upon the evidence our client was not the driver,” said Allman, arguing accident reconstruction results proved Gismonde wasn’t the driver.

But Assistant District Attorney Kathleen McLaughlin argued Gismonde was intoxicated while he operated his 2005 Suzuki King Quad ATV and ignored a stop sign, causing the two-vehicle crash that killed Stone, who prosecutors claimed was a passenger on the ATV.

McLaughlin said she was “sad and disappointed” about the verdict.

“The commonwealth stands by the evidence in this case. We felt that we more than proved that it was in fact the defendant who was the operator of the vehicle. I’m assuming the jury just didn’t think there was enough,” McLaughlin reacted after the verdict.

Stone’s mother was in the courtroom for the verdict and quietly left the courthouse after it was announced. She was supported in court by a victim services specialist for Mothers Against Drunk Driving Pennsylvania.

After nearly five hours of deliberations, jurors asked for additional legal instructions from the judge, a signal they were having a difficult time reaching a unanimous decision regarding who was operating the ATV.

At one point, jurors reported they were deadlocked but Judge Steven C. Tolliver instructed them to continue their deliberations. The jury’s verdict came about two hours later.

The jury foreman declined to comment about the verdict as jurors left the courthouse.

During the trial, Upper Providence Police Sgt. Daniel Mulligan, that department’s crash investigator, testified for prosecutors that the investigation determined the ATV was traveling southbound on Greenwood Avenue approaching Main Street, or Ridge Pike, when it failed to stop for a posted stop sign and entered the westbound travel lane of Main Street.

Testimony revealed Gismonde’s blood-alcohol content was 0.135 percent, above the legal driving limit of 0.08 percent, at the time of the two-vehicle crash. Additionally, Gismonde was not licensed to operate a motor vehicle in Pennsylvania and had a suspended driver’s license in the state of New Jersey, prosecutors alleged.

The ATV, which was designed for use by only one person and was prohibited from operation on a paved highway, hit the front passenger side of a 2012 Honda Civic., operated westbound on Main Street by 20-yearold Jayme Earhart, and the impact caused the ATV “to ride up onto the hood of the Honda,” ejecting Gismonde and Stone from the ATV.

Earhart, who suffered head and neck injuries during the crash, testified during the trial that the passenger in the rear of the ATV was wearing Ugg boots. Earhart’s recollection of the Ugg boots and the way Stone’s legs were positioned on the ATV led her to conclude that Stone was the passenger.

McLaughlin argued the nature of Stone’s “crushing” leg injury, which she suggested occurred when Stone’s leg became pinned briefly between the ATV and the Honda upon impact, confirmed Stone was the passenger. McLaughlin also suggested that the fractured thumb Gismonde sustained occurred as he gripped the handlebars of the ATV as the vehicles collided, additional evidence that he was the driver.

But Allman argued there was “reasonable doubt” in the case and suggested Stone was driving the ATV. Allman implied Earhart gave inconsistent statements and testimony and can’t be certain as to who was driving the ATV.

While Mulligan concluded the ATV was operated by Gismonde, Allman called James Halikman, an accident reconstruction expert, who testified that while he agreed the ATV operator was at fault for the crash he found the prosecution’s conclusion that Gismonde was the operator of the ATV, “unacceptable.” Halikman testified there was no physical evidence to truly identify who was driving the ATV.

Halikman also suggested hilly terrain at the intersection hampered site lines for both drivers as they approached the intersection. Allman argued the incident was a tragic accident but not a crime committed by Gismonde.

Gismonde chose not to testify during the trial.

Testimony revealed Stone had been celebrating the birthday of a friend that night at Gismonde’s house and Gismonde had been giving ATV rides. A witness testified for prosecutors that Gismonde had been driving the ATV during earlier rides that evening.

Following the crash, Stone was transported to Pottstown Memorial Medical Center where she was pronounced dead. An autopsy determined the cause of Stone’s death was multiple injuries to the head. Stone had no alcohol in her system at the time of her death.

Gismonde was transported to Paoli Hospital for treatment of head injuries, police said.

Emergency medical officials told investigators they detected a “strong odor of the elements of alcohol about the breath of Gismonde.”