The prosecutor agreed
Wednesday that former Pittsburgh police officer Adam
Lewis had no intent to harm the passenger on his motorcycle in
the early morning hours of Sept. 26, 2010.
But the prosecutor, Lisa
Carey, said the man intentionally chose to get on his motorcycle after he had
been drinking to drive Jessica Lojak home.
"I think he did act in a
reckless and grossly negligent manner," Ms. Carey said. "He
chose to speed after he ingested alcohol. He knows there's a dangerous
curve coming up."
Mr. Lewis, who has since been
fired from the police bureau, is charged with homicide by vehicle
and driving under the influence for the crash on Mifflin Road about
2:30 a.m.
Ms. Lojak, 28, of Fawn, was
killed.
Mr. Lewis testified Tuesday
during his nonjury trial before Allegheny County Common Pleas
Judge Jeffrey A. Manning that as he was traveling through a curve in the
road, he felt Ms. Lojak's weight shift, causing him to lose control of the
motorcycle.
It traveled into the oncoming
lane of traffic and was struck by an SUV.
Investigators testified that
Mr. Lewis took the curve at about 41 mph -- in a 25-mph speed zone -- and that
his motorcycle was leaning over too far.
Both sides agreed that Mr.
Lewis' blood alcohol level at the time was 0.108 -- above the legal
limit of 0.08 in Pennsylvania.
William Difenderfer, who
represents Mr. Lewis, said his client had three to five beers earlier in the
night, and that none of the friends with whom he had been at Rivertowne Pub
& Grille in North Huntingdon thought it was unsafe for him to drive.
Mr. Lewis received a call
during the night asking him to meet his fiancee and her friends, who were out
for her bachelorette party, asking if he would meet them in the South
Side so they could follow him back to his house.
Ms. Lojak, who had previous
experience riding on motorcycles, asked if she could ride on the back of Mr.
Lewis' with him.
"It goes from probably
one of the best nights to a tragedy words can't even describe with the death of
Jessica Lojak," Mr. Difenderfer said. "There would be no reason for
him to have any intention of riding fast or reckless."
There was testimony at trial
that Mr. Lewis safely negotiated a number of raised manhole covers
along Carson Street, which was being resurfaced at the time.
"Nowhere in the record
is there any sign of intoxication of Mr. Lewis," Mr. Difenderfer
said.
But Judge Manning
responded that based on Mr. Lewis' blood alcohol level, driving would be
illegal whether he was doing it safely or not.
Judge Manning said he would
announce the verdict on Tuesday.
Paula Reed Ward: pward@post-gazette.com, 412-263-2620 or on Twitter
@PaulaReedWard.
First Published October 3, 2013 12:00 am
First Published October 3, 2013 12:00 am