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Ex-attorney guilty in fatal crash

A former Luzerne County attorney faces a mandatory minimum of three years in prison after a Carbon County jury found him guilty Wednesday on multiple counts stemming from a deadly Pennsylvania Turnpike crash in 2018.

Joseph Persico, 73, of Shavertown, will remain free on bail until his Jan. 30 sentencing date. After a half-hour deliberation, the jury found Persico guilty of homicide by vehicle while driving under the influence, homicide by vehicle, involuntary manslaughter, simple assault and two counts of recklessly endangering another person.

Persico was accused of driving his white Audi A4 south in the northbound lanes of Interstate 476 on Nov. 6, 2018, when he collided head-on with a green Honda Civic driven by Paul Gerrity, 50, who died at the scene from multiple blunt-force injuries.

The crash happened at the Mahoning Valley turnpike exit just before midnight.

“I wouldn’t call it a win, I would call it justice,” Carbon County Assistant District Attorney Kara Beck, who was leading her first trial as a prosecutor, said after verdict was announced. “The facts in this case were clear and the jury was able to see that by their verdict. The justice system went the way it is supposed to go today.”

According to court documents, Persico had a blood alcohol concentration of 0.22 percent at the time of the crash, which is more than twice the legal limit of 0.08 percent. During Wednesday’s testimony, the jury heard from Crystal Xander, the Health Network Labs certified toxicology scientist who signed off on the blood test results. Xander explained the chain of custody from the time the lab receives the sample in a lock box until the test is completed.

“I am 99.9% confident the results of the test were accurate and reliable,” Xander said.

Defense attorney Paul Walker argued there was no evidence to show exactly what happened to the sample between 1 a.m. when the blood was drawn and 4 a.m. when it arrived at the lab.

Walker also argued the prosecution did not meet the burden of proof to show the effect Persico’s blood alcohol content had on his coordination or ability to drive. He pointed to the lack of a field sobriety test.

Beck countered, saying there was no opportunity for such a test given Persico’s injuries and the need to get him immediate medical treatment.

Dr. David Deisher, the trauma surgeon who tended to Persico at Lehigh Valley Health Network’s Cedar Crest campus, said Persico suffered a bladder rupture, broken ribs and a broken sternum.

Following the verdict, Walker said he plans to file an appeal in the future.

“This was part of the process,” Walker said of the trial. “The only way to be able to appeal and preserve some of the motions we made before the trial was to take this to trial. Everyone has sympathy for the victim in this case, but what do you do with Joe?”

Other testimony on Wednesday included that of Trooper Scott Wysocky, who was on scene the night of the crash. Wysocky said troopers found a bottle of Pinnacle vodka and a bottle of Listerine in Persico’s vehicle when serving a search warrant.

For the second day in a row, jurors also viewed a video of the crash, recorded from the dashcam of Pan Tso, a driver who also involved in the crash and suffered injuries.

“Normally, we have to put an accident reconstructionist on the stand,” Beck told the jury. “This case is different. You got to see the crash.”

Beck said the prosecution would wait for Walker to file the appeal.

“We’ll see what he issues he raises,” she added. “He is entitled to that appeal. We’ll continue prosecuting this case until it is finished.”

Joseph Persico, 73, of Shavertown, arrives at the Carbon County Courthouse Wednesday morning for the conclusion of the trial in a fatal crash on the Pennsylvania Turnpike. A jury found him guilty of vehicular homicide, DUI related and other charges related to the crash. JARRAD HEDES/SPECIAL TO THE TIMES NEWS