More details from a police investigation are expected to be released today at the preliminary hearing of a Penn State student accused of hitting two men in October while driving under the influence.
Anthony Torsell, 20, allegedly struck visitor Richard Smith, 21, and student Aaron Stidd, 20, at 2:30 a.m., Oct. 28 as they crossed Atherton Street at Beaver Avenue. Smith died at Mount Nittany Medical Center the night of the accident and Stidd was critically injured, according to court documents.
Torsell is charged with homicide by vehicle while driving under the influence, aggravated assault by vehicle while driving under the influence and DUI.
Joseph Amendola, Torsell's attorney, said the main facts of the case are still unclear -- a problem he hopes will be resolved at today's hearing.
Amendola said it needs to be established whether witnesses were correct when they told police Torsell had a green light and was speeding.
According to the accident report, Torsell appeared to have a green light when he struck the pedestrians. He was also allegedly "flying" at about 50 to 60 mph, witnesses told police, according to court documents. The speed limit is 35 mph on Atherton Street.
Amendola said the results of the police investigation have not been released to him. After the preliminary hearing today, he will begin to receive more details from the office of the district attorney and the police, he said.
Amendola said it is also unclear if the pedestrians were walking in the crosswalk or jaywalking and if they were wearing dark-colored clothing that made it difficult to see them in the dark, wet conditions.
Centre County District Attorney Michael Madeira said the district attorney's office will just need to show a crime was committed and that Torsell was the one who committed it.
Several witnesses, including police officers and nearby pedestrians, will likely testify at tomorrow's hearing, he said.
According to the accident report, Torsell had a blood alcohol level of .242 percent an hour after the accident. The legal limit is .08 percent.
Stidd, 20, has been in critical condition at Geisinger Medical Center in Danville since the accident, but was discharged in critical condition "for further rehabilitation" Monday, a nursing supervisor said.
Diane Andrews, Office of Residence Life director, said Stidd was moved to Bryn Mawr Rehabilitation Hospital and remains in a coma.
Police said they are also conducting an investigation into who furnished Torsell with alcohol the night of the accident and obtained search warrants for the apartment where Torsell was prior to the crash.
Amendola said police have not discussed the furnishing investigation with Torsell.
Madeira said if Torsell is found guilty of homicide by vehicle while DUI, he will receive a mandatory three-year prison sentence.
He said two DUI pedestrian accidents in two weeks shows a disturbing trend that needs to be addressed.
"There is a very short leap between someone driving DUI and someone dying from it," Madeira said.
The preliminary hearing will be held at 8:30 a.m. today in courtroom 3 at the Centre County Courthouse in Bellefonte.

