4 days ago
Prosecutors prohibited from referencing 'victim' during Plains Twp. homicide trial
Jun. 23—WILKES-BARRE — Luzerne County Judge Joseph F. Sklarosky Jr. denied a request to dismiss criminal homicide charges against Louis Weihbrecht while directing prosecutors to use certain terminology during the upcoming trial.
Weihbrecht, 56, was charged by detectives with Plains Township police and the Luzerne County district attorney's office with fatally striking Mark R. Svadeba, 47, in front of an auto-repair garage on North Main Street on Sept. 13, 2024, according to court records.
District Attorney Sam Sanguedolce previously said investigators believed Weihbrecht intentionally ran over Svadeba with his 2007 Chevrolet Silverado truck.
Weihbrecht showed up outside the garage where Svadeba was standing next to his Harley-Davidson motorcycle. The two men exchanged words when Weihbrecht, court records allege, accelerated his truck, running over Svadeba, who was dragged for nearly 30 feet.
Weihbrecht was charged with an open count of criminal homicide, which his attorney, John B. Pike, requested the case be dismissed.
During a recent motion hearing, Pike described the fatal crash as an accident, as Weihbrecht intended to run over Svadeba's motorcycle, suggesting Svadeba walked and stood in front of Weihbrecht's truck.
Sklarosky denied Pike's request to dismiss the criminal homicide charge against Weihbrecht in an order filed Friday.
In another issue, according to Sklarosky's rulings, Pike was successful in his argument to prohibit prosecutors, notably Assistant District Attorney James L. McMonagle, from referring to Svadeba as a "victim" during Weihbrecht's trial scheduled for September.