Smithsburg-area man found guilty of 2021 vehicular manslaughter in bench trial

A Smithsburg-area man was found guilty during a bench trial Thursday of killing Waynesboro, Pa.-resident Robert Mellott in a grossly negligent manner stemming from a 2021 crash on Leitersburg Pike.

Retired Washington County Circuit Court Judge Daniel P. Dwyer ordered Alvin Matthew Herrell Jr., 65, to continue to be held without bond at the Washington County Detention Center. Dwyer also granted the defense's request for a pre-sentence investigation, with the judge saying he wants an alcohol evaluation.

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At the start of the one-day trial Thursday, Assistant State's Attorney Cyrus Jaghoory said both the state and defense were stipulating certain facts, including that Herrell was found to have a 0.10% blood-alcohol level when his blood was drawn at Meritus Medical Center at 7:24 p.m. on Jan. 27, 2021.

In Maryland, a person with a blood-alcohol level of 0.08% is presumed to be under the influence.

Maryland State Police Master Trooper Jeremy Hite, an accident reconstructionist, testified the first 911 call about the crash was at 6:13 p.m. on Jan. 27.

Hite said he concluded Herrell was at fault in the crash by entering the right of way of the Mustang that Mellott was driving north on Leitersburg Pike (Md. 60), as Mellott approached the intersection with a short connector road to Ringgold Pike (Md. 418). It appeared the Nissan Pathfinder, a sport utility vehicle Herrell was driving south on Leitersburg Pike, turned left into the Mustang's path, Hite said.

Mellott was pronounced dead at the scene.

Much of the trial was spent arguing whether Herrell was on or looking at his cellphone — and whether he was wearing a seat belt — when he turned left.

But Dwyer, in finding Herrell guilty of the most serious count — killing Mellott in a grossly negligent manner, said Herrell shouldn't have driven anywhere with a 0.10% blood-alcohol level. He added that Herrell cut off another vehicle, Mellott's Mustang.

Herrell shouldn't have been driving in a circle in his backyard, let alone on Leitersburg Pike, Dwyer said.

The negligent manslaughter count alone comes with a penalty of up to 15 years in prison and a $10,000 fine because Jaghoory filed a notice with the court about higher penalties due to Herrell's previous DUI.

Dwyer also found Herrell guilty of killing Mellott as a result of negligent driving while under the influence; of driving under the influence of alcohol; of driving under the influence of alcohol per se; and of driving while impaired by alcohol. Dwyer noted that the latter charge could end up being merged with another count.

The judge found Herrell not guilty of using a handheld phone while driving, causing an accident that directly resulted in Mellott's death.

Herrell's attorney, J. Gregory Hannigan said he believed the judge made a "cautious and searching decision before ruling against my client."

Both families have suffered, Hannigan said.

Several of Mellott's family members attended the trial. A few family members said after the verdict they had no comment before the sentencing.

Some of Herrell's family also attended the trial.

Jaghoory had no comment after the verdict.

Jaghoory told the judge the prosecution and defense stipulated that a medical examiner found Mellott's death was caused by multiple injuries sustained as the driver in a motor vehicle crash and that the manner of death was accident. They also stipulated that, from the autopsy, Mellott tested negative for drugs and alcohol.

Herrell was taken from the crash to Meritus Medical Center. His injuries included to his hands and a cut on his forehead that required staples, according to testimony.

On Thursday, Herrell used a cane when walking in the courtroom.

Defendant in manslaughter/DUI case takes the stand

Jaghoory said Herrell's blood-alcohol level and that he was trying to put on his seat belt and looking over at his phone around the time he tried to turn left were all factors that made the act grossly negligent.

The prosecution submitted a written statement that Trooper 1st Class Matthew Doyle testified was dictated by Herrell at Meritus Medical Center, but that Doyle had written the statement because Herrell's hands were injured.

Court officials said the statement said Herrell was trying to put on his seat belt, looking over at his cellphone, trying to make a left turn and didn't see the vehicle in time.

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Dressed in khakis and a plaid shirt, with dark-rimmed glasses, the grayish-white-haired Herrell took the stand in the afternoon. He said he recalled part of the discussion with Doyle and that references in the statement to the seat belt and phone were about actions that occurred when he was on a farm lane about to head onto Leitersburg Pike.

Herrell, a longtime commercial vehicle driver, also said he was being tailgated by a truck whose headlights were like a "spotlight" on his back window and in his mirrors, blinding him.

Herrell said he recalled turning on his turn signal and that the truck that had been behind him was trying to pass him on the right shoulder so he had no chance to get over without hitting the truck on the right.

Asked if he calculated he could safely make the left turn, Herrell said yes and that he tried to.

Herrell also testified he was found guilty of a 2005 DUI that did not result in an accident. As a result of that conviction, he took AA classes, performed community service and was on probation.

The defendant confirmed his wife and a brother were both killed by drunk drivers.

Herrell said he was "broken-hearted" when he learned, after returning home from the hospital, that Mellott had died.

Maryland judge rules on negligent manslaughter and other charges in 2021 DUI

During the trial, there also was testimony that two brief calls were in Herrell's cellphone records for 6:11 p.m. and 6:12 p.m., lasting respectively 6 seconds and 2 seconds.

When Dwyer was announcing the verdicts, specifically that he found Herrell not guilty on the phone-related charge, he said the time of the actual accident was not pinpointed and that the two brief calls in Herrell's phone log could have occurred before or after the crash.

Dwyer also addressed the statement Doyle took from Herrell, noting that three boxes were checked on the document including that Herrell was not making the statement voluntarily of his own free will and that the statement was not made honestly. Those two boxes came after one indicating the interviewee was not being threatened or intimidated into making the statement.

Dwyer said Doyle probably didn't pay attention to the boxes and it was "sloppy of the trooper" for an important document in a case involving a death.

Jaghoory had said in his closing argument that the actions in the statement Doyle took from Herrell were corroborated by the phone log and that there was no evidence, per Hite's testimony, that Herrell was wearing a seat belt at the time of the crash.

Because the boxes were checked that the statement wasn't made voluntarily or truthfully, Dwyer said he was disregarding the statement about the seat belt and phone.

Dwyer, who grew up in Washington County, said he was familiar with Leitersburg Pike and that the intersection in question is "terrible."

Still, Dwyer said, Herrell had a duty to stop and let the Mustang pass before turning left.

Editor's note: This story was updated at 12:52 p.m. on Feb. 8, 2023, to correct the maximum penalty Herrell is facing on the vehicular manslaughter charge alone.

This article originally appeared on The Herald-Mail: Maryland man found guilty of negligent manslaughter in DUI crash