PA:Ex-cop charged with homicide while DUI in motorcycle crash, bikes went down '

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Ex-cop charged with homicide while DUI in motorcycle crash, bikes went down 'like bowling pins'

Ex-cop charged with homicide while DUI in motorcycle crash, bikes went down 'like bowling pins' Prosecutor lashes out at criticism over pace of investigation Share24Comments 88
John P. Heaney III is escorted from his arraignment at District Justice Todd M. Strohe's office in Bangor Wednesday morning.
By Pamela Lehman and Riley Yates, Of The Morning Call
As the string of seven motorcycles traveled down the rolling rural road into Bangor on that sunny summer afternoon, Michael Zadoyko had a split second to shout a warning to his fellow bikers.
"Look out!" he yelled just before a fiery explosion and crash killed him and Keith Michaelson, both of the Last Chance Motorcycle Club, said George Courtis, the only club member to escape injury in the horrific July 1 crash on Route 512.
The club members, who help each other in their recovery from addictions to drugs and alcohol, were on their way to a wake for one of their own when a pickup truck plowed into them and the bikes went down "like bowling pins," Courtis said.
Related VIDEO: Fatal motorcycle accident in Bangor PICTURES: Fatal motorcycle crash on Route 512 in Bangor Friday night. DOCUMENT: Police Criminal Complaint, John P. Heaney III Stories DA says alcohol may have played a role in Bangor crash that killed two bikers Topics Drunk Driving Prosecution Witnesses See more topics » XCrimes Accidental Death Car Accidents Motorcycling Homes Murder Injuries and Wounds Transportation Accidents Justice System Lawyers Trials Real Estate Fishing Facebook Broken Bones Clubs and Associations Chicago Hotels On Wednesday, 12 days after the accident, police charged the pickup's driver — John P. Heaney III, a former police officer for Plainfield, N.J. — with two counts of homicide by vehicle while under the influence of alcohol.
Heaney, 49, who now lives in Lopatcong Township outside Phillipsburg, N.J., faces a host of other charges, including aggravated assault by vehicle while under the influence, involuntary manslaughter and reckless endangerment.
Bangor police said a breath test showed he had a blood-alcohol content of 0.11 percent, above the state's legal limit of 0.08 percent but inadmissible in court. He refused to submit to a blood test, police said.
Northampton County District Attorney John Morganelli called it one of the "strange ironies" of life that bikers who had found sobriety had been hit by someone allegedly under the influence.
"We all as human beings sort of stop and pause when we see events like this unfold, where a group of people are killed and injured by a drunk driver [when] that was something they were all dealing with," Morganelli said at a news conference detailing the investigation into the accident.
Heaney was arraigned Wednesday morning by District Judge Todd Strohe in Bangor, who set bail at $50,000, which Heaney posted. His attorney, Dennis Charles, could not be reached for comment Wednesday.
Heaney faces a maximum of 30 to 60 years in prison under the "barrage of charges" he is accused of, Morganelli said. The two counts of homicide by vehicle while driving drunk bring mandatory minimum sentences that combined reach six years, he noted.
Morganelli said Heaney's northbound truck "crossed entirely" into the lane of the oncoming Last Chance bikers. That's what witnesses said, and Morganelli said their account was confirmed by a state police reconstruction of the accident.
Heaney's refusal to take a blood test, which can be used as evidence, poses a challenge for authorities, Morganelli said.
"In the old days, we proved DUI cases the old-fashioned way: observations by police, the erratic driving," Morganelli said. "The good news now is that statute allows us to put his refusal into evidence. … An inference can be drawn by the jury that he refused because he knew he was under the influence of alcohol."
According to court records:
Heaney told police at the scene of the crash that the motorcyclists were in his lane and he was "struck" by a motorcycle that appeared to be passing him. He admitted he drank alcohol before the crash and police said his breath smelled of alcohol and his eyes were bloodshot and glassy.
But witnesses told police that Heaney crossed into the opposite lane after rounding a turn. Bangor police said Heaney's truck was going 51 mph on the road, which has a posted speed limit of 35.
The crash happened near the East Bangor line on a stretch of Route 512 called Bill Scott Boulevard. After the impact, Courtis said, there was an explosion as a motorcycle was engulfed in flames.
Police interviewed Wade Slack, a friend of Heaney's, who told police he was fishing with Heaney the morning of the crash. After fishing, Slack said they had lunch at a Stroudsburg restaurant before heading in separate directions.
Heaney called Slack after the crash and told him that he didn't know what happened and "all he could remember was someone going across the hood" of his truck.
The four injured motorcyclists were Jerry Hoogmoed, Robert Coscia, Thomas Brawley Jr. and Douglas Volpicella. Authorities said their injuries included broken bones, road rash and severe burns and all were expected to recover.
Since the crash happened, friends of the victims have posted diatribes on Facebook claiming that Heaney was receiving special treatment because he was a retired police officer.
Last year, Heaney was approved for disability benefits for a 2007 injury, according to pension records. Plainfield's personnel office confirmed Wednesday that he no longer works for the city.
Morganelli lashed out at criticism directed at his office over the pace of the investigation. He called it a "mob-rule" mentality by people who didn't understand the complexities of probing a drunken-driving accident involving multiple victims and a driver who refused a blood test.
Morganelli said prosecutors had been flooded with calls and emails over his handling of the case.
Critics "acted as if this investigation was going on for months and we're talking about basically seven days after the holiday weekend," he said.
"I really refer to them as misinformed know-nothings because they absolutely know nothing about the nature of an investigation like this," Morganelli said.
Michaelson, 52, of West Milford, N.J., was a real estate agent and was married with two children. Zadoyko, 47, of Pompton Lakes, N.J., co-owned construction company Northeast Home Works.
Sean McAvoy, a member of the club, has said the club tries to show people a "different way besides drinking and drugging," and it's "a tragedy" that his friends died because of an alleged drunken driver.
"They are just two of the most wonderful guys I know that were just really outstanding fathers and friends and club brothers," he said.
Courtis said he was furious with Heaney's claim that the motorcyclists were in his lane. He said the members stress safe riding, and Michaelson and Zadoyko were trying to swerve out of the path of the truck when they were hit.
Courtis said he keeps replaying the crash in his mind. It was a beautiful day and the members of the group weren't in a rush. He saw the brakes light up and said there was nearly no time to react when the speeding truck came into view.
He said at a wake, a friend grabbed him by the shoulder and looked into his eyes.
"He said, 'What happened to them was a real tragedy, but you're the one that took a mental hit,' " Courtis said. "And he's right."
Courtis still can't shake that day from his mind.
"I see it all the time."