Judge delays decision on plea deal in July crash in North Huntingdon

A Westmoreland County judge wants more information before considering a plea deal in connection with a North Huntingdon two-vehicle crash that seriously injured a driver.

Judge Scott Mears requested the criminal and driving history for Nolan Patrick Mullen, 22, of North Huntingdon, who is accused of driving 90 mph just before a July 7 crash on Clay Pike Road. Prosecutors presented in court Tuesday a negotiated agreement that called for a probationary sentence and a charge of aggravated assault by vehicle, a felony, to be dismissed.

Mears wanted more time to consider the agreement after hearing from the injured driver and the father of her son. The child was in the car at the time of the crash.

“This is obviously a horrible accident and I had no idea that this would be before me today,” Mears said. “I don’t feel ready to accept a plea on this matter today. That’s not to say I wouldn’t ever accept a negotiated plea.”

Mullen was arrested in November charges of aggravated assault by vehicle, reckless endangerment and related offenses.

Authorities said in court papers that Mullen’s Chrysler 300 collided with a Ford Escape that was turning left onto Clay Pike Road from Brokers Lane around 1:30 p.m. The SUV had almost completed the turn onto Clay Pike Road when police said the Chrysler veered over the center line and hit it nearly head-on, according to court papers. Kathleen Morcheid and her son were rushed to AHN Forbes Hospital, police said.

The speed limit on Clay Pike Road there is 35 mph.

Morcheid testified Tuesday that the crash has completely upended the trajectory of her life. She continues to have memory loss, daily headaches, a tremor in her right hand and numbness and pain on the left side of her body as a result of head injuries sustained in the crash. She cannot continue to work as a registered nurse and is fearful her injuries will be permanent.

“I often struggle with the sense of loss of the life I once had,” she said.

Morcheid expressed deep disappointment in Assistant District Attorney Anthony Iannamorelli’s decision to drop the aggravated assault by vehicle charge, the only felony Mullen is facing, in the plea agreement.

“This decision feels like a dismissal of the harm I have endured and the ongoing challenges I face daily,” she testified.

Morcheid asked Mears to consider her injuries in dispensing justice.

Nicholas Carrozza testified about the challenges Morcheid has faced in caring for their son since the crash.

“The frustration, pain and deep sorrow in her eyes is something no one should have to endure,” he said.

Carrozza has lodged complaints about the police investigation at township commissioners meetings in recent months and repeated that dissatisfaction on the witness stand Tuesday, saying they’ve been “stonewalled in our attempts to seek justice.”

Iannamorelli said he evaluated the case’s potential success at trial in fashioning a plea bargain, which he believes would hold the defendant accountable. The proposed agreement called for four years of probation and a period of time on home electronic monitoring in exchange for Mullen’s guilty plea to two misdemeanor counts of reckless endangerment and four summary driving offenses.

“I do not take this lightly,” Iannamorelli said.

Defense attorney Charles Porter said Mullen doesn’t have a criminal record and is willing to accept responsibility.

The attorney arguments still did not persuade Mears. The case originally was assigned to Judge Meagan Bilik-DeFazio, but she recused herself Tuesday, citing a conflict, and it was moved to Mears’ courtroom. He spent a few minutes reading the criminal complaint at the start of the hearing.

“I’m looking at a serious accident like this … it’s my job to be kind of the gatekeeper,” he said. “I just don’t feel I have enough information to do that today.”

In addition to Mullen’s criminal and driving history, Mears requested information about sentencing guidelines for the charges he is facing. A pretrial hearing will be scheduled at a later date.