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Carbon jurors see video of fatal 2018 turnpike crash

Jurors watched as headlights came toward oncoming traffic and the violent moment of impact in a wrong-way crash on the Pennsylvania Turnpike nearly five years ago as the homicide by vehicle trial of a former attorney began Tuesday.

Carbon County Assistant District Attorney Kara Beck said Joseph Persico, 73, of Shavertown, Luzerne County, was driving with nearly three times the legal limit of alcohol in his system when the fatal collision happened Nov. 6, 2018.

Paul Gerrity, 50, of Scranton, died at the scene, while Persico, who was pinned inside his vehicle, sustained serious injuries in the crash.

A third driver, Pan Tso, provided state police with footage of the crash from the dash cam in his vehicle before being taken to the hospital for injuries he sustained in the crash just before midnight at the Mahoning Valley exit in Parryville.

Beck told a panel of seven women and five men that Gerrity, a turnpike worker on his way home, was killed instantly from the impact as she laid out her case in an opening statement.

She explained the charges against Persico, which also include involuntary manslaughter, simple assault and reckless endangerment, in addition to the vehicular homicide while driving under the influence charge.

“I can prove all the elements of these charges,” Beck said.

Defense Attorney Paul Walker told the jury they will decide the facts in the case, and the standard that must be met is proof beyond a reasonable doubt.

Beck presented four witnesses on the first day of testimony, and additional witnesses, including medical professionals, are expected as the trial continues Wednesday.

Opening testimony included that of two retired state troopers and a paramedic who responded to scene, and a state police corporal who specialized in crash reconstruction.

Retired Trooper John Blaski described the crash scene when he arrived, saying both Persico and Gerrity’s vehicles, a white Audi and a green Honda, had heavy front end damage, while Tso’s vehicle, a blue Toyota, had spun out.

Persico had already been taken to a hospital by emergency responders, as his condition was “dire,” he said, and Gerrity was still in his vehicle, “Obviously, he was deceased.”

Tso provided him with a SIM card from the dash cam in his vehicle, which was entered into evidence at the station, he said.

All three vehicles were impounded, and Blaski executed search warrants for Persico’s medical records and a vial of blood drawn at Lehigh Valley Hospital-Cedar Crest.

Another retired trooper, Anthony Grobinski, who took over the case and filed the charges against Persico in January 2020, testified next. He also arrived after Persico was freed from his vehicle.

Grobinski, who determined the driver of the white Audi through the license plate and Pennsylvania driver’s license in the vehicle, identified the driver, Persico, for the court.

Grobinski also got turnpike E-ZPass records for Persico’s vehicle, which record his entry and exits on the toll road, and also secured images of the vehicle the day of the crash.

Jarad Yeastedt, a paramedic for Lehighton Ambulance, also described the scene, his patient assessment and the need to quickly extricate Persico from his vehicle, not waiting for fire and rescue personnel.

State police Cpl. Matthew Hunter, who specializes in crash reconstruction, talked about his involvement, noting the report of a wrong-way driver on the turnpike followed by a three-vehicle wreck.

Hunter discussed an airbag module inside Persico’s vehicle, which acts similarly to an airplane’s black box, recording data when an incident occurs.

Two of the three vehicles involved had such a module, he said. Gerrity’s vehicle did not, because of its age, he testified.

Hunter also described diagrams that he created, reconstructing the crash. These were shown on a large screen in the courtroom, and also copies were provided to jurors to allow them to see smaller print.

Hunter described certain lines on the diagrams as scars and gouges in the road, which show the impact of the crash.

Hunter, as well as Blaski and Grobinski, described the dash cam footage from Tso’s vehicle before the jury viewed the images. The jury also looked at photographs of the vehicles from the crash scene.

Walker objected to one photograph and the dash cam video being entered, and Judge Joseph Matika allowed them.

Walker questioned the speed of Persico’s vehicle, which Hunter said was recorded at 34 mph. He also asked if the module indicated Persico’s vehicle braking, and Hunter said it did.

Walker also questioned the speed of Tso’s vehicle, which also had a module, and Hunter said his speed was 62.1 mph.

Both Blaski and Grobinski testified that it was a clear night, and there was no weather that would affect road conditions.

Walker also questioned why the dash cam video showed intermittent wipers in use on Tso’s vehicle. Hunter said he believe it had rained earlier.

Hunter’s viewing the dash cam video before doing his accident reconstruction report came under question as well by the defense. Hunter said he viewed it before completing his report.

Following Hunter’s testimony, the trial concluded for the day.

Former attorney, Joseph Persico, 73, of Shavertown, Luzerne County, enters the Carbon County Courthouse for his trial on vehicular homicide charges while driving under the influence stemming from a wrong-way crash on the Pennsylvania Turnpike in November 2018. KELLY MONITZ SOCHA/TIMES NEWS
Former attorney, Joesph Persico, 73, of Shavertown, Luzerne County, enters the Carbon County Courthouse in Jim Thorpe on Tuesday morning. He is standing trial for vehicular homicide while driving under the influence and involuntary manslaughter for a wrong-way crash on the Pennsylvania Turnpike in 2018. KELLY MONITZ SOCHA/TIMES NEWS