Attorney discredits criminal homicide charge by using pedestrian fatal accident statistics
Jun. 3—WILKES-BARRE — When Louis Weihbrecht was charged with an open count of criminal homicide for what District Attorney Sam Sanguedolce alleged was the deliberate killing of Mark Svadeba in September, Attorney John B. Pike is fostering a defense alternative.
Svadeba's death was simply an accident, Pike fiercely advocated during a motion's hearing before Luzerne County Judge Joseph F. Sklarosky Jr. on Tuesday.
Weihbrecht, 56, proprietor of the Outsiders Bar on South Main Street, Wilkes-Barre, was charged by Plains Township police and detectives from the district attorney's office with the open count of criminal homicide alleging he intentionally ran over Svadeba with his 2007 Chevrolet Silverado truck on Sept. 13, 2024.
Court records say Svadeba was standing next to his Harley-Davidson motorcycle in front of an auto-repair garage on North Main Street, Plains Township, when Weihbrecht showed up in the Chevrolet truck.
Svadeba and Weihbrecht exchanged words when Weihbrecht, court records allege, intentionally ran over Svadeba dragging him nearly 30 feet. The two men were reportedly in a dispute about a woman.
Following Weihbrecht's arrest on Sept. 16, 2024, Sanguedolce during a news conference explained the open count of criminal homicide was filed as investigators believe Weihbrecht intended and deliberately ran over Svadeba.
During Tuesday's motions hearing, Pike used Pennsylvania and Luzerne County statistics of pedestrians killed by a motor vehicle and none rose to the level of a criminal homicide offense. Pike countered by explaining Svadeba walked in front of Weihbrecht's truck.
"This was a motor vehicle accident versus a pedestrian, that's all this is," Pike argued.
Assistant District Attorney James L. McMonagle responded there is clear and convincing surveillance footage that showed the two men arguing, and Weihbrecht accelerating his truck to run over Svadeba for nearly 30 feet and backing up the truck to run over Svadeba a second time. McMonagle further argued the parking lot was adequately illuminated by lights.
Pike is advocating Weihbrecht only intended to strike the Harley-Davidson motorcycle when Svadeba walked in front of the truck.
Other issues argued during the motion's hearing were to limit the testimony of the prosecution's expert who inspected Weihbrecht's truck and to prohibit any personal opinions about the vehicle, and to prohibit prosecutors from identifying Svadeba as a "victim" before the jury.
Sklarosky said he will issue his rulings at a later date.
Weihbrecht's trial is scheduled for September. He remains jailed without bail at the county correctional facility.
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