Mercer County Man Waives Hearing in Double Fatal DUI Crash Case

| March 1, 2019

SHIPPENVILLE, Pa. (EYT) – A Mercer County man facing homicide by vehicle while DUI and other charges related to a double fatal crash that occurred in Clarion County waived his preliminary hearing this week.

Court documents indicate the following charges against 24-year-old Joseph Michael Flynn, of Clark, Mercer County, Pa., were waived for court on Tuesday, February 27, in Clarion County District Court:

  • Aggravated Assault, Felony 1
  • Homicide By Vehicle While Driving Under The Influence, Felony 2 (two counts)
  • Aggravated Assault By Vehicle While DUI, Felony 2 (three counts)
  • DUI: General Impairment/Incapable of Driving Safely – 1st Offense, Misdemeanor
  • DUI: High Rate of Alcohol (Bac.10 – <.16) 1st Offense, Misdemeanor
  • Involuntary Manslaughter, Misdemeanor 1 (two counts)
  • Simple Assault, Misdemeanor 2 (three counts)
  • Recklessly Endangering Another Person, Misdemeanor 2 (three counts)
  • Disregard Traffic Lane (Single), Summary
  • Driving at Safe Speed, Summary
  • Careless Driving, Summary
  • Careless Driving – Unintentional Death, Summary
  • Careless Driving – Serious Bodily Injury, Summary
  • Reckless Driving, Summary
  • Failure to Use Safety Belt – Driver and Front Seat Occupant, Summary

The charges have been transferred to the Clarion County Court of Common Pleas.

Flynn remains free on $50,000.00 unsecured bail.

The charges stem from a crash that occurred around 12:16 a.m. on April 14, on Miola Road about a half mile north of Bigley Road, in Highland Township, Clarion County.

According to a criminal complaint, Joseph Michael Flynn, who was the driver in the crash, admitted to a Shippenville EMT that he’d had “a few” drinks and when asked again, admitted to having eight to 10 beers.

Flynn also allegedly made a statement to a Shippenville Ambulance paramedic, who noted a strong odor of an alcoholic beverage on Flynn’s person, that he did not want to go to jail, and when asked why he would go to jail, he stated, “for drinking and driving.”

There were four occupants in the truck at the time of the crash: Joseph Flynn and three passengers, Mark Matthew Marcucci, Kevin Scott Yarabinec, and Cody Alan Hughes.

The complaint states that 29-year-old Mark Marcucci, of West Middlesex, Mercer County, Pa., was pronounced dead at the scene by Clarion County Coroner Randall Stom around 3:32 a.m. with his death attributed to blunt force trauma injuries he suffered in the crash.

Mark Marcucci

Mark Marcucci

Marcucci, a Youngstown State University graduate with a bachelor’s degree in civil engineering, was well-known in the region as a race car driver, racing at Mercer Raceway Park, Sharon Speedway, Lernerville, and more. Marcucci had three track championships at Mercer Raceway Park and one national championship.

Twenty-three-year-old Kevin Yarabinec of Sharpsville, Mercer County, Pa., was flown from Clarion to Allegheny General Hospital where he succumbed to his injuries on April 15, 2018.

According to the complaint, an autopsy was performed. It indicated that Yarabinec died from blunt force trauma to the head, neck, trunk, and extremities that he suffered from the crash.

Yarabinec was a right-handed pitcher at Youngstown State University from 2014-17 and graduated in May 2017 with a bachelor’s degree in criminal justice.

Kevin Yarabinec

Kevin Yarabinec

Cody Hughes was flown from Clarion to Pittsburgh Presbyterian Hospital for injuries that he received in the crash with consisted of two broken vertebrae, a fractured ankle, and knee problems.

According to the complaint, the investigation showed that the 2017 RAM 1500 was traveling north on State Route 1005 when it started to travel off the roadway on the east berm while negotiating a left curve. The truck continued off the roadway and struck a culvert and a road sign. It then continued to travel north next to the roadway when the right side of the truck struck a tree. The truck then struck a second tree with the right side of the front end, causing the truck to rotate 180 degrees counterclockwise. It came to a final rest to the east of the second tree facing south.

The complaint notes that three of the four occupants of the truck (the three passengers) were ejected from the vehicle, while Flynn was not ejected.

On April 24, 2018, Trooper Berggren applied for and was granted a search warrant for Flynn’s medical records.

According to the complaint, the records showed that Flynn had a BAC (blood alcohol content) of .143% at the time of the test.

Trooper Berggren conducted an interview with Hughes on April 25, 2018. Hughes identified Flynn as the driver and also stated that Flynn had been drinking beer at a bar prior to the crash, according to the complaint.

The complaint also states that a crash reconstruction completed by Trooper Manno showed that Flynn’s vehicle was traveling at a minimum of 86 miles per hour to a maximum of 93 miles per hour in a posted 40 mile per hour zone at the time of the crash. The investigation also concluded that Flynn was not wearing a seatbelt.


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