Persico trial scheduled for week of June 12 in Carbon County
Mar. 28—WILKES-BARRE — A trial has been scheduled for the week of June 12 in the case of a Shavertown attorney who is facing criminal vehicular homicide charges for a 2018 fatal drunken crash in Carbon County.
Carbon County District Attorney Michael Greek Tuesday confirmed that the trial of Joseph Persico has been scheduled for the week of June 12. Judge Joseph Matika has scheduled the trial following a status conference.
Persico, 72, is charged with killing Paul Gerrity in a head-on crash on the Northeast Extension of the Pennsylvania Turnpike on Nov. 6, 2018.
DA Greek said Persico is charged with homicide by vehicle while driving under the influence, homicide by vehicle, aggravated assault by vehicle while DUI, aggravated assault and several other offenses.
State police allege in court records that Persico had a blood alcohol level of .22% after the crash. An adult driver in Pennsylvania is considered legally intoxicated with a blood alcohol level of .08%.
According to police reports, Persico was traveling southbound in the northbound lanes of the turnpike when his Audi A-4 sedan slammed head-on into a Honda Civic driven by Gerrity, 50, of Scranton, who was returning home from his job as a toll collector.
The impact caused Gerrity's car to spin and hit another vehicle driven by Pan Tso, of Wilmington, Delaware, according to the report. Gerrity was pronounced dead at the scene, while Tso and Persico were taken to a hospital to be treated for injuries.
Persico has been free on $150,000 unsecured bail since his arrest. Persico resigned as an attorney with the law firm Rosenn, Jenkins & Greenwald following his arrest.
Pan Tso, along with his wife, Susan Tso, have filed a two-count lawsuit in Luzerne County Court against Persico. The suit alleges Persico, operating a 2015 Audi A4, passed numerous vehicles with motorists flashing their high beams to alert Persico he was traveling the wrong way.
Pan Tso claims in the suit he suffered serious and possibly permanent injuries to include herniated cervical discs, lumbar spine and a sprained shoulder. The suit seeks $50,000 on each of the two counts, negligence and loss of of consortium.
A lawsuit filed on behalf of Gerrity's estate against Persico was settled out-of-court for more than $1.3 million.
Persico is confined to a wheelchair as a result of injuries he suffered in a fall at his home. The case has been continued several times over the years.
Greek said several continuances were granted for several reasons, however efforts failed to reach a plea agreement. Greek said plea negotiations continue.
"Negotiations are always ongoing in any case," Greek said.
Reach Bill O'Boyle at 570-991-6118 or on Twitter @TLBillOBoyle.
