After a five-hour hearing yesterday, the attorney for Anthony Torsell, a Penn State student accused of hitting two men while driving under the influence, said the evidence against his client is overwhelming.
Twelve people took the stand, including eyewitnesses and police, to testify about the night of Oct. 28. That night, Torsell allegedly hit and killed Richard Smith, 21, and critically injured student Aaron Stidd, 20, as they crossed Atherton Street in the crosswalk.
Torsell entered the courthouse in Bellefonte with his attorney, Joseph Amendola, and more than 15 people who sat together in the back row. Throughout the hearing, Torsell fidgeted and appeared restless.
In front of a packed courtroom, District Judge Allen Sinclair bound Torsell over for trial on charges of homicide by vehicle while driving under the influence, aggravated assault by vehicle while driving under the influence and driving under the influence.
State College police officer David Scicchitano, who reconstructed the accident, testified that the main causes for the accident were Torsell's high rate of speed as well as his impaired judgement due to alcohol. Torsell's blood alcohol content (BAC) was .242, according to police.
Scicchitano calculated Torsell was traveling at least 52 mph, 17 mph more than the speed limit. He testified Torsell hit the pedestrians "full force," knocking them out of their socks as well as their shoes.
"If [Torsell] had been going the speed limit, they would have had enough time to cross ... and this crash could have been avoided," Scicchitano said.
Amendola, who audio-recorded the witness testimony throughout the preliminary hearing, said he will ask to have a private expert conduct another accident reconstruction to contend the results of the police's report.
Though the proceedings were mostly factual, one woman could barely contain her emotion as witnesses recounted watching Smith fly over the car.
Stidd is currently at Bryn Mawr Rehabilitation Hospital and was last listed in critical condition when he was transported from Geisinger Medical Center on Monday.
State College detective Michael McDaniel testified that Torsell told him he had consumed three beers, two shots of Jagermeister and two bottles of Saranac beer from 8 to 11 p.m.
Wagdy Wahba, a toxicologist, said he estimates Torsell had the equivalent of 15 to 16 beers over the span of five hours to reach a BAC of .242.
McDaniel said Torsell "broke down" while being interviewed hours after the accident when he heard Smith had died in the hospital.
Assistant District Attorney Steve Sloane said he presented a large amount of evidence to push Torsell to step up, take responsibility for his actions and save the victims' families from any additional pain.
He said he is not interested in offering Torsell a plea bargain and sees no weakness in the case's evidence.
Sameer Singh, 21, testified yesterday that he was in the crosswalk with Smith and Stidd as they crossed the street and was an arms length away from the car as it went past.
Singh said Smith was in town to visit him and the two of them struck up a conversation with Stidd as the three men crossed the street about the lack of Mexican restaurants in State College.
"Jaywalking is a crime committed [on a] second-by-second basis in State College," he said, adding that Torsell had a green light.
Singh said they did not have a pedestrian signal but estimated they had enough time to cross the street before any cars reached them. He said he saw Torsell's car at the intersection of College Avenue and Atherton Street.
Scicchitano said he calculated that it took the pedestrians about five seconds to reach the center of the road from the curb.
Singh said he double-checked the street as he reached the middle of the road and was shocked to see the car already on the other side of the intersection. By the time he turned his head to look at the other men, the car had already hit them, Singh said.
He said the car's headlights were dim and he did not see the car swerve to avoid the pedestrians.
Penn State student Kristin Ewing, 19, said she was standing on Atherton Street when she heard the crash. When she turned around, the car stopped on the street next to her and she saw Torsell exit the car and throw a beer bottle over the windshield and next to the sidewalk, she said.
Ewing said Torsell then approached Stidd, who was lying on the ground, and appeared to try to resuscitate him.

