MOTORCYCLE CRASH Family seeking homicide charges

The family has asked the state attorney general's office to review the charges.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- Crystal Wilkins loved life.
So in death, it's hard for her family to accept that the person they believe is responsible isn't being charged with homicide.
Wilkins, 22, died July 14, 2003, after being thrown from a motorcycle on East Lincoln Avenue after it crashed into a parked car.
Driver Nicholas Lauro, 22, of Plank Road was charged last week with having an accident involving death while not properly licensed, a third-degree felony, and recklessly endangering another person, a second-degree misdemeanor.
Wilkins' mother, Susan Wilkins of Venango County, said she believes the charges -- which carry a maximum sentence of nine months in jail, a suspended driver's license and a fine -- aren't severe enough.
New Castle police said they filed homicide-by-vehicle charges against Lauro in May for the crash, but those charges were pulled by the Lawrence County District Attorney's office.
"They refused to let us file homicide-by-vehicle charges. [Assistant District Attorney] Robert Barletta said he decided with the district attorney [Matthew Mangino] which charges are filed," said New Castle Police Chief Tom Sansone.
How things stand
Mangino said his office reviewed the case and believes proving homicide-by-vehicle charges, which require gross negligence, would be difficult. Previous court decisions have found that gross negligence requires more than just a violation of a traffic law such as speeding, he said.
For example, he said, gross negligence would involve driving on the wrong side of the road without headlights at midnight.
"This isn't something that was done on a whim," Mangino said of the charges filed. "We researched this and we looked at the facts of this case. We discussed it with the police on numerous occasions and we made the decision. Certainly it was a difficult decision."
He added that there were no drugs or alcohol in Lauro's system and they didn't believe they would be successful prosecuting him on a homicide-by-vehicle charge.
The district attorney added that there has been a local rule of court since 1985 that any homicide charges filed by police must first be approved by his office. He said New Castle police did not follow that rule when filing the charges in May.
But Sansone and the investigating officers believe a homicide-by-vehicle charge is warranted in the case. The law applies to anyone who recklessly or with gross negligence causes the death of another person while in violation of any law involving the use of a motor vehicle, he said.
A Pennsylvania State Police reconstructionist determined that Lauro was traveling at least 50 to 66 mph when he lost control of the 1999 Honda CBR motorcycle. The speed limit on Lincoln Avenue is 35 mph.
Officials noted that Lauro had only a learner's permit, which does not allow for passengers.
Sansone said that with the accident reconstruction determining speed and four witnesses, they have enough to follow through with the homicide-by-vehicle charge.
"In my opinion the charges we filed initially were the proper charges. I fought with the DA's office for weeks over these charges," said Lt. Tom Macri, who is in charge of traffic investigations for the department. Macri noted that the statute calls for recklessness or gross negligence.
What mother said
Susan Wilkins said she would rather let a jury decide if the homicide-by-vehicle charge is warranted. She has asked the Pennsylvania Attorney General's office to review the case but has not received a response yet.
She describes her daughter as a beautiful person who loved life. She grew up in the country but always wanted to live in the city, her mother said.
The 22-year-old, the oldest of four children, moved to New Castle from her mother's home two weeks before she was killed. Crystal Wilkins worked as a waitress at Mulligan's Restaurant on Butler Avenue and was engaged.
"Everything was just happening for her," Susan Wilkins said.
She last saw her daughter the night before her death at the New Castle Fireworks Festival. The young woman told her she was going to ride on a motorcycle with Lauro, whom she had met through mutual friends.
"I said, 'Crystal, you are going to kill yourself,'" Susan Wilkins said with tears in her eyes. "I wish I hadn't said it. Less than 18 hours later, she was dead."
"He's getting off for a reason unknown," said Sandy Glass of Pittsburgh, Susan Wilkins' sister and the victim's aunt. "I think it's because he's from a well-known family."
Lauro's father, Francis, was a member of the Neshannock school board.
The district attorney said it is unfortunate the Wilkins family has that opinion.
"We don't evaluate family background before we prosecute cases. It's unfortunate that this whole thing [involving the charges initially filed by police] had to frustrate and upset this family," Mangino said.
cioffi@vindy.com

http://www.vindy.com/news/2004/jun/23/motorcycle-crash-family-seeking-homicide-charges/