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Kittanning man waives right to hearing in DUI accident

| Thursday, Nov. 1, 2012, 12:02 a.m.

KITTANNING — A Kittanning man, who in June allegedly struck a 60-year-old Jefferson County man with his vehicle causing the man's leg to be sheared from his body, waived his right to a preliminary hearing on Wednesday.

Justin Marc Clark, 34, of 546 N. Water St., appeared to be weeping in the courtroom of District Judge James Owen. The victim, David Henry of De Lancey attended the session and was seated in a wheelchair.

According to the criminal complaint:

The incident happened on June 10 along the 400 block of North Water Street.

Borough police officer Greg Koprivnak arrived at the scene at 12:34 a.m. and discovered Henry conscious and in shock. His right leg was severed from his body and he was seated on the ground being comforted by Kittanning resident Terra Baum.

Henry was taken to ACMH Hospital and then flown to UPMC Presbyterian trauma center in Pittsburgh. Henry's friend Raymond Geer told Koprivnak that he had been with Henry at the time of the accident.

Geer said the two had been fishing and had just returned to the car which was parked on the west side of the street opposite St. Mary, Our Lady of Guadalupe Church. Geer had just gotten into the passenger side of the vehicle and Henry was standing by the trunk putting away fishing gear when a blue 1994 Pontiac struck them from behind, pinning Henry between both vehicles.

When Koprivnak spoke to Clark at the scene, Clark said he had not seen Henry in the moments leading up to the crash. Clark was found to be under the influence of alcohol and lab results showed he had a blood alcohol concentration of 0.175 percent. The legal limit is 0.08 percent.

Clark is facing a felony charge of aggravated assault by a vehicle while driving under the influence, a misdemeanor charge of reckless endangerment and other driving and DUI-related offenses.

Bail was set at $10,000.

Brigid Beatty is a staff writer for Trib Total Media. She can be reached at 724-543-1303 or bbeatty@tribweb.com.

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