Court upholds Troyer conviction

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HARRISBURG - A Beaver Springs man currently serving a state sentence for vehicular homicide has lost an appeal to the Pennsylvania Superior Court.

Emery Troyer, 28, was convicted by a jury on Nov. 2, 2007, of causing the death of Jerry Colabine, 41, who died Aug. 6, 2005, in a head-on collision with a vehicle driven by Troyer on state Route 522 in Franklin Township. Troyer was sentenced by President Judge Harold F. Woelfel Jr. to serve three to seven years in a state correctional facility. In addition, Troyer was ordered by the court to pay almost $110,000 in restitution.

On the day of the defendant's sentencing, Woelfel pointed out that by Troyer's own admission he had been drinking on the night of the accident.

"You as an EMT should know better what happens when someone consumes alcohol and drives," Woelfel said of Troyer's former job as an emergency medical technician.

Despite the fact that Troyer admitted in open court that he had been drinking alcohol on the night of the crash, the jury acquitted him of all the alcohol-related charges, including homicide by motor vehicle while driving under the influence and two counts of aggravated assault while driving under the influence. According to court documents, Pennsylvania State Police Selinsgrove reported Troyer's blood alcohol level was .129 percent on the night of the crash, nearly double the legal limit.

Testimony heard at the trial about documentation from the lab where Troyer's blood alcohol test was taken was challenged by Erickson, who expressed a theory that the integrity of the test may have been compromised because of a "trouble stamp" on a lab report.

In previous statements, Senior Deputy Attorney Anthony Forray, who prosecuted the case, said Erickson argued there was insufficient evidence to convict her client.

In addition, Erickson challenged the sentence imposed on Troyer and the amount of restitution in the case.

Attempts to contact Erickson and Forray for comment on Monday were unsuccessful.

Pending further court action, Troyer remains incarcerated at a state correctional facility.