Scholarship set up to honor Plum motorcyclist who died in crash; family says justice system failed them

The family of a 20-year-old Plum man who died in August when his motorcycle collided with a car that pulled out in front of him has set up a scholarship in his memory at his high school alma mater.

The Adam J. Garvin Memorial Scholarship, for seniors at Plum High School who participate in sports, was established to honor the 2019 Plum graduate. Garvin was a standout offensive lineman on the Mustangs’ varsity football team.

Garvin was killed on Aug. 28 when the motorcycle he was driving in Lower Burrell collided with a car that pulled out from an access road, according to investigators.

The motorcycle hit the driver’s side of a 2007 Ford Fusion as it crossed over the eastbound lanes of Route 366, throwing Garvin from the bike.

Garvin was studying aeronautical engineering at the University of Pittsburgh and was on the dean’s list. He was planning a career in the aircraft industry and hoped someday to work for NASA.

The family continues to grieve Garvin’s death. While they hope the scholarship will serve as a small reminder of the positive impact he had on the people who knew him, they are grappling with a legal system they say failed to provide justice.

Thomas M. Sekelsky, 73, of New Kensington, pleaded guilty on March 18 to careless driving resulting in unintentional death, careless driving and running a stop sign — all summary offenses.

Summary offenses are the least serious category of criminal charges and often can be disposed of without a trial. They typically result in a fine.

“Sadly, for Adam’s family, friends and community there has been no justice for this senseless tragedy,” said his mother, Renee Garvin. “Despite the fact that Sekelsky’s illegal traffic violations are what led to this deadly collision, nobody has been punished.”

Renee Garvin, Adam’s mother, said the crash that took her son’s life is “just one many unfortunate examples of how innocent victims receive no justice due to the legal system setting precedents that protect the accused instead of the victim and by which prosecutors are bound by these laws,” she said.

“There are harsher penalties for drunk driving than for causing a fatality in the process of committing traffic violations,” Garvin said. “You can lose your license for driving drunk but not for actually killing someone while breaking traffic laws.”

Court records show that the three offenses to which Sekelsky pleaded guilty resulted in fines totaling $853.50. He did not have an attorney listed in court records.

Sekelsky did not respond to several telephone messages left on his home and cell phones.

Garvin said investigators told her Sekelsky also will be required to re-test for his driver’s license, but that order was not indicated in court records.

Garvin said the family plans to lobby lawmakers to enact stiffer penalties in cases of vehicle crash deaths that involve traffic violations.

“When someone commits an unlawful traffic violation that results in a fatality of an innocent victim, the violator should be held accountable in more significant ways than just mere traffic fines,” she said.

Westmoreland County District Attorney Nicole Ziccarelli said in a statement that, to charge a driver with homicide by vehicle, a prosecutor would have to, at the minimum, establish recklessness or gross negligence.”

“I swore an oath requiring me under the law to only prosecute individuals whose conduct rises to the level of criminality.

“Every incident that comes before my office for review is taken seriously and extensively reviewed by investigators and attorneys,” she said. “A determination as to whether to prosecute is the most difficult and important decision I make.”

Ziccarelli said an extensive investigation was conducted by Lower Burrell and state police.

“After review of all the evidence and in consultation with our team in the district attorney’s office, it was determined that this horrible accident was just that — an accident,” she said. “I stand by their investigation.”

The district attorney said a reconstruction of the crash, which included line-of-site tests, determined that Sekelsky was not able to see the motorcycle approaching before he pulled out onto the roadway.

Sekelsky told investigators that he saw another vehicle approaching from his left and “gunned it” to make the turn but did not see the motorcycle.

Investigators determined that the other vehicle blocked Sekelsky’s view of the motorcycle.

“For a charge of homicide by vehicle, the Commonwealth would have to prove that the driver recognized the danger of his action and proceeded anyway,” Ziccarelli said, noting that the evidence collected did not support a homicide by vehicle charge.

“While I am deeply sorry for the Garvin family’s loss, I made a commitment to the people of Westmoreland County to make decisions based on the law, and not emotions,” Ziccarelli said. “I have done so in this case.”