Defense questions data reliability

Bryant DUI trial enters second day, closing arguments expected Friday

LEWISTOWN -- On Thursday, during the second day of a Mifflin County homicide trial stemming from a 2019 crash, the defense called into question the reliability of key data.

Stuart Wayne Bryant, 61, of Coatesville, is facing third-degree homicide and other charges from the Jan. 28, 2019 collision that killed Mifflin County Junior High School teacher and football coach Harry Aultz at the intersection of U.S. 22 Business and Hoss Drive in Granville Township.

The main witness of the day was Frank Gaus, who is a collision analysis and reconstruction specialist with the Pennsylvania State Police and who was involved in the crash investigation.

Gaus said he determined Bryant's vehicle had traveled over a concrete traffic island, damaging a pair of road signs, and eventually was moving eastbound in the westbound lane before the corner of his vehicle hit the corner of Aultz's, causing both vehicles to rotate before coming to rest.

He said the impact was so severe that it caused Bryant's vehicle to shift into reverse, as evidenced by Bryant's reverse lights being visible in surveillance video taken from the Snappy's convenience store adjacent to the crash scene, which was shown to the jury.

Gaus testified the airbag module in Bryant's vehicle stored the vehicle's speed, steering and other information in the five seconds prior to airbag deployment. He said Bryant's vehicle was traveling 114 mph three seconds before deployment, slowing to 112 mph and then 106 mph one second before airbag deployment. He said this was the only "deployment event" recorded on the device.

On cross-examination, defense attorney Timothy Barrouk asked Gaus if he could be certain the data recorded was from the incident at Hoss Drive and not the earlier hit-and-run at Industrial Park Road that also involved Bryant.

Gaus said it was his opinion, based on his experience and training, that the device recorded the Hoss Drive incident because the amount of damage that would have been sustained going in excess of 100 mph in any collision that causes airbag deployment would have likely rendered Bryant's car very difficult or impossible to drive in a straight line at that high rate of speed.

Barrouk then questioned the reliablity of this device as a so-called "black box recorder" for cars. He asked Gaus if there were any studies ever done to test the reliability of these devices several years after installation. Gaus said he was not aware of any, but cited PSP crash testing of some older vehicles that suggested the recorders were producing accurate results compared to other means of measurement.

Barrouk asked if there was any type of certification or testing process to ensure these devices maintained their accuracy over time. Gaus testified there was not.

Mifflin County District Attorney Christopher Torquato's first witness of the day was Granville Township Police Department Chief Craig Weston, who was the officer first on the scene of the crash.

Weston testified that while on patrol that evening near Wal-Mart, he noticed a "haze" off to the east and went to investigate when he discovered a severe two-vehicle crash had occurred. Weston said he initially checked on the driver of a Toyota pickup truck, later determined to be Aultz, who "showed no signs of life." Weston said he then checked on the driver of the other vehicle, a Dodge Charger, later determined to be Bryant, who Weston said seemed to be in significant pain. Weston also reported using a fire extinguisher on Bryant's vehicle because it smelled as though the car may be burning.

Weston said he later discovered a broken, empty scotch whiskey bottle on the passenger side floorboard of Bryant's vehicle. Between that and the testimony of witnesses who had reported seeing Bryant driving erratically and aggressively in various locations throughout Mifflin County earlier that evening, Weston suspected it may have been a DUI crash and sought a blood draw from Bryant, who by that time had been flown to Geisinger-Holy Spirit Hospital in Camp Hill.

On cross-examination, Weston said he did not find any debris between the crash scene and the scene of the hit-and-run crash at the intersection of Industrial Park Road and U.S. 22 Business despite reports from witnesses that parts appeared to be falling off Bryant's car.

Weston also admitted that he did not speak to EMS personnel, nurses or doctors who treated Bryant, nor the state trooper who performed a blood draw later that evening to seek whether they believed he showed signs of impairment.

Barrouk also raised the point that in order for a blood draw to be conducted, Bryant had to not only consent, but be aware of the pros and cons of both granting and denying consent. Bryant consented and the test returned a .212 percent result.

On re-direct by Mifflin County District Attorney Christopher Torquato, Weston reiterated when he and another officer met with Bryant in the hospital the day after the crash, Bryant told police he only remembered being on his cellphone before he "blacked out."

Closing arguments in the case are expected this morning before President Judge David Barron.

Bryant remains in the Mifflin County Correctional Facility without bail.