Man charged in death seeks to suppress evidence
CLEARFIELD — A Madera man accused of being under the influence of drugs when his vehicle crashed into another vehicle killing a 70-year-old woman, was in Clearfield County Court on Friday asking to suppress evidence.
Gregory Allen Millinder Jr., 32, is charged with homicide by vehicle while driving under the influence, aggravated assault by vehicle while DUI, homicide by vehicle, DUI, involuntary manslaughter, endangering the welfare of children, recklessly endangering another person and four traffic summaries in connection to a traffic accident July 2 in Woodward Township, Clearfield County.
It involved three vehicles, including a Chevrolet BelAir whose driver suffered serious injuries and a passenger who was killed.
Millinder’s attorney, David Shrager, filed a motion to suppress evidence that a blood test revealed Millinder was under the influence of amphetamine, methamphetamine and Clonazepam because the defense claims it was obtained without a warrant or proper consent.
During a hearing Friday, Trooper Dennis Peters testified that, when he arrived on scene, a witness told him Millinder’s vehicle was weaving back and forth into the other lane on Route 53.
In fact, this witness was going to call police just before Millinder’s vehicle crossed into the other lane causing a Corvette to go to the extreme right in an attempt to avoid a collision. Millinder’s vehicle still struck it and then another vehicle head-on.
Peters said when he talked to Millinder, he appeared to be under the influence of something, so he took Millinder to the state police barracks to be evaluated by a drug recognition expert.
At this point, he was not in police custody.
The expert agreed with Peters’ assessment, and Peters then took Millinder to Penn Highlands Clearfield for the blood test.
Under questioning by Assistant District Attorney Jendi Schwab, Peters said Millinder was cooperative and agreed to having the blood test. Peters said he read the standard form with his rights regarding blood tests to Millinder.
Lyle Dresbold, another attorney on the case, asked Peters if Millinder sustained any injuries in the crash. Peters said he was not aware of any but agreed it was possible Millinder could have had a head injury.
Earlier in the hearing, Peters stated that, when he asked Millinder if he or his daughter, a passenger in his vehicle, needed medical attention, he said no and they were fine.
A second part of the defense motion claims that there was not enough evidence presented for this case at the preliminary hearing and asks for all of the charges to be dropped.
Judge Fredric J. Ammerman, who presided over the hearing, gave both sides until Oct. 3 to provide briefs on these issues.
He will review the briefs and a transcript of the preliminary hearing before making a decision on whether to suppress the blood test results and/or withdraw the charges.