After hearing victim's mom offer forgiveness, man withdraws plea in fatal McKeesport crash

The plea agreement had already been worked out. Jerry Hardy would plead guilty to homicide by vehicle and driving under the influence — admitting his involvement in a crash that killed his friend as they drove home from Rivers Casino Pittsburgh in September 2019.

In exchange for his plea, the prosecution would drop a count that required a mandatory five to 10 years in prison.

Instead, Hardy would serve two to four years — hopefully in a boot camp program.

But as the virtual hearing neared its end on Wednesday, the victim’s mother told Allegheny County Common Pleas Judge Kelly Bigley that not only did she forgive Hardy, she did not want him to go to prison. Hardy’s attorney asked for a brief recess to confer with his client.

“I’ve never listened to a victim impact statement like that,” attorney Heath Leff told the court. “I can’t sit here silent.

“Could you consider a lesser sentence?”

Assistant District Attorney Jacob Lehman balked.

“It’s a fair and reasonable agreement that we’ve come to,” he said. “If that’s what he wants, we have to start all over.”

And so Hardy withdrew the plea.

Instead, Leff told Bigley he’s hoping that his client can plead again to the same charges — with no agreement to sentence — and get a better deal.

The case was rescheduled for May 26.

According to the criminal complaint, which was stipulated to during the hearing, McKeesport police were called to a crash at Lysle Boulevard and Center Street at 6:49 a.m. on Sept. 15, 2019.

Hardy, now 25, of McKeesport, had been driving a 2019 Kia Sportage on Lysle Boulevard, when he fell asleep and drifted across the lanes of traffic. The SUV went up onto a sidewalk and crashed into a building on Fifth Street, police said.

It was going 42 mph five seconds before impact, according to investigators.

Austin Fagan, the front seat passenger, died.

Carlos Hudson, the back seat passenger, suffered three broken vertebrae and a skull fracture.

The three men had been hanging out the evening before and smoked marijuana at Hudson’s home before going to Rivers Casino about 3 a.m, police said.

The crash happened as they were returning home.

According to the Allegheny County crime lab, Hardy had THC, the active ingredient in marijuana, in his blood.

On Wednesday, Danean Fagan listened over Microsoft Teams as Hardy pleaded guilty.

Then, she spoke to Judge Bigley.

“My son, Austin, was a wonderful son. He was a friend, a good brother. He was my only child.”

Danean Fagan said Austin, who was 23 when he died, grew up in the church.

“I raised my son to love everyone,” she said. “Everyone he came in contact with, he considered a brother.”

Similarly, she continued, she saw Hardy as her own.

“I don’t hate Jerry,” Danean said. “I love him like he’s my son.”

If it were up to her, she told the court, she would not want him incarcerated at all — and neither would her son.

“I hate that it had to come to this,” she said. “No type of punishment is going to bring my son back.”

That night, when Austin left, she told him to “be safe,” she recounted.

“The last words he said to me were, ‘I love you, too, mom.’ ”

Danean said she feels no ill will toward Hardy.

“I pray for him every day— everything good for him. I have nothing but love for him.”

Then, looking still into the camera, she said to Hardy, “I love you.”

“I love you, too, Miss Danean. I’m so sorry.”

Hardy told the judge he was sorry for what happened.

“That’s all I think about,” he said.

As the judge continued, she told Hardy he couldn’t undo what happened.

“Nothing I ever do is going to undo anything or take anyone’s pain away,” Bigley said. “This is just tragic.”

As the hearing concluded — with the new date scheduled — Hardy said into the camera, “Thank you, Miss Danean.”

“You’re welcome, Jerry. I love you.”