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HOLLIDAYSBURG -- A Blair County judge has been asked to decide if a Tyrone man should face more than summary offense charges after a high-speed motorcycle crash killed 27-year-old Zachary Peterman of Altoona on June 1, 2019.
Timothy and Tammy Peterman, the parents of Zachary Peterman, are appealing to Judge Elizabeth Doyle for a review of decisions leading state police at Hollidaysburg, in consultation with former District Attorney Richard Consiglio, to charge Brad Confer of Tyrone with failure to drive at a safe speed and careless driving.
In response, the parents filed a private criminal complaint against Confer, charging him with homicide by vehicle and related offenses. Consiglio, however, rejected the complaint, which needs his approval to go forward, sending the parents into the court system with an appeal.
During a court hearing Wednesday, Altoona attorney Dan Kiss told Doyle that the parents are seeking to have Confer be charged with recklessly endangering another person, failure to render aid and summary offenses.
"There was not a strong likelihood of conviction on the homicide by vehicle charge," Kiss said.
District Attorney Pete Weeks, who said he met with the Petermans and reviewed the matter and its history, advised Doyle that a vehicular homicide charge isn't warranted.
"There's no evidence of causation," Weeks said. "We don't know how the (fatal crash) occurred or if Confer caused it."
The parents, in their original complaint and in an appeal filed with the county court, described an estranged relationship between their son and Confer, identified as the stepfather of Peterman's former fiancee.
They accused Confer of physically assaulting their son two days before the fatal crash.
They also claim that on the day of the fatal crash, Confer engaged their son in road rage, riding 80 to 90 mph, while making repeated attempts to pass him on the left before passing him on the right.
Attorney Thomas M. Dickey, who represents Confer, told the Altoona Mirror in February that his client fully cooperated with the state police investigation resulting in the summary charges filed.
For the parents' appeal to be granted, attorney Kiss will have to show that there was an abuse of discretion or that the decision was discriminatory, Dickey said.
Doyle, who referenced other legal disputes involving private criminal complaints, asked Weeks to provide her with written materials, if they can be found, supporting and/or detailing Consiglio's decision to deny the private criminal complaint.
Weeks said he was aware that Consiglio had gone to the state police barracks and that state police officers had been in the district attorney's office to discuss the case and what charges to file.
Kiss told the judge that if the decision was based on a policy, then it will be up to the district attorney's office to show that it was a fair policy.
Doyle offered no specific timetable for a decision but indicated that the matter will be given priority after Weeks provides a response.
The judge, who conducted the hearing in her courtroom via computerized video transmissions, also offered her sympathy.
"This matter is just an absolute tragedy for the Petermans ... and for attorney Dickey's client, too," she said. "It's just a shame that this has happened."
Mirror Staff Writer Kay Stephens is at 946-7456.