In a series of ruling yesterday, Indiana County Judge Thomas Bianco denied most of the motions filed by 34-year-old James Brown, the Rossiter man who was seeking to get the charges dismissed in his homicide by vehicle case.
Brown is accused of being the driver who crashed into Pikel’s Top Tier Fuels in Home last July, running over a gas pump and smashing into a building. The car and building burst into flames, trapping and killing 52-year-old Melissa Myers of Commodore, who was working at the gas station.
Brown initially claimed another man, Michael White of Punxsutawney, was driving the car but later admitted to state police that he was driving and had taken heroin and smoked marijuana beforehand. He was charged with six felony offenses, including two counts of accidents involving death or personal injury while not licensed and single counts of homicide by vehicle, homicide by vehicle while driving under the influence, and aggravated assault by vehicle while DUI. There are also two misdemeanor DUI charges and nine summary traffic offenses.
Judge Bianco yesterday denied all but two of Brown’s motions. He granted a motion to quash and dismissed one felony charge of accidents involving death or personal injury while not properly licensed. He also dismissed a summary traffic charge.
All of the other charges are intact, and the judge also denied a motion for a change of venue, although Brown may bring that up again when the potential jurors are interviewed.
No trial date has been set. Brown is due for Criminal Call on Friday.
