DA offers immunity to school van driver who had cocaine in system during crash that killed Serra Catholic student

The Allegheny County District Attorney’s Office is offering immunity to a school van driver injured in a high-speed, fatal crash that killed one of his passengers to ensure his testimony against the two men accused of causing it.

According to medical records in the case, van driver Richard Maleski tested positive for cocaine in the hours after the Sept. 20, 2023, crash in Dravosburg that killed 15-year-old Samantha Kalkbrenner, who was in the van.

While the records do not show the amount of cocaine in Maleski’s systems, they indicate that he told hospital staff he was surprised he tested positive because he had not used the drug for five days before the crash.

No charges have been filed against him, and his attorney, Christopher Capozzi, had no comment Thursday afternoon.

William Soliday, 44, of North Huntingdon and Andrew Voigt, 38, of Penn Hills are accused of racing at speeds as high as 107 mph that morning as they crossed the Mansfield Bridge in Dravosburg.

Soliday, driving a white Volkswagen Jetta, and Voigt, in a Jeep Grand Cherokee, were headed to work at Bettis Atomic Power Laboratory in West Mifflin.

Witnesses told police they were racing each other, and the event data recorder in Soliday’s car showed he hit the brake 1.5 seconds before impact and struck the school van at approximately 90 mph. Voigt, whose vehicle was not involved in the crash, kept driving.

Samantha, a student at Serra Catholic High School, was killed, and three other students were injured.

Maleski was also hurt.

Dashboard camera footage played during a preliminary hearing showed Maleski waiting at a stop sign and preparing to enter the intersection at Third Street and Richland Avenue in Dravos­burg. After looking both ways, he started turning onto the road, which is when Soliday’s Jetta struck the van, flipping it and ejecting three students.

Police charged Soliday with criminal homicide, reckless endangerment and reckless driving.

Voigt is charged with reckless endangerment, careless driving and accidents involving death.

Defense attorneys for both men said previously that the positive cocaine results could impact the trial, which is scheduled for April.

Casey White, who represents Soliday, said they may call into question Maleski’s credibility with a jury, and Kevin Chernosky, who represents Voigt, said the information might cause the jury to question Maleski’s actions that morning — including his perception and decision to pull out at the intersection.

According to the application for the immunity order, the prosecution is asking Common Pleas Judge Bruce Beemer to order Maleski to testify.

“Richard Maleski is a material witness in the prosecution of the defendants … inasmuch as he is the injured driver of the school van at issue,” it said.

According to the Jan. 6 filing, Capozzi has said that his client, if called to testify, could exercise his privilege against self-incrimination.

“In my judgment as district attorney for the County of Allegheny, the testimony of Richard Maleski is necessary to the public interest,” wrote First Assistant District Attorney Rebecca Spangler on behalf of District Attorney Stephen A. Zappala Jr.

If Beemer grants the request, no testimony offered by Maleski may be used against him except in the case of perjury or contempt.

On Oct. 30, shortly after it was reported that Maleski tested positive for cocaine, Beemer issued a gag order in the case.