Attorney Joseph Amendola filed pretrial motions yesterday to suppress alleged statements made by client Anthony Torsell in the early morning of Oct. 28, the day police said he drove drunk and hit two pedestrians, killing one and critically injuring another.

Amendola said that, by "using the commonwealth's own testimony" at Torsell's preliminary hearing, it's clear that Torsell was too intoxicated to properly understand his Miranda rights, read to him following the incident.

According to court documents, the statements Torsell made to police that night included admitting to being the driver of the car and admitting to drinking alcohol.

Amendola also filed a motion to suppress evidence and blood test results obtained after the incident.

Torsell, 20, of Bellefonte, was bound over for trial in December on charges of homicide by vehicle while driving under the influence, aggravated assault while driving under the influence, and driving under the influence of alcohol.

Police said Torsell hit Aaron Stidd, 20, and Richard Smith, 21, who were crossing the street westbound, killing Smith and critically injuring Stidd.

If the statements made by Torsell that night are suppressed, the motion states that the charges facing him should be thrown out.

"These are motions that I expected [Amendola] to make, and I think that the police officers did everything they were supposed to," District Attorney Michael Madeira said. "When we have a pretrial motion hearing, that will become apparent."

Amendola said a toxicologist who took the stand at the hearing testified that Torsell's .242 blood-alcohol content (BAC) meant that he was "extremely intoxicated." Amendola said, in such a condition, Torsell could not have "knowingly, intelligently and voluntarily" waived his right to remain silent, his right to an attorney and other constitutional rights.

"If he was as intoxicated as the toxicologist said, he would've had no clue what was going on," Amendola said.

Without the statements Torsell made to police that night, the motion states that police did not have "sufficient legal probable cause" to search Torsell's vehicle and his residence. Additionally, the motion states that Torsell's failed field sobriety test and the blood sample taken that night should be suppressed accordingly.

Amendola filed a similar motion in June to suppress statements made by Josephy A. Ventura, who faces murder charges, on the grounds that Ventura was too drunk to waive his rights. Amendola said the motions were withdrawn when police officers who were at the scene testified that Ventura was capable of being properly Mirandized. Ventura is still awaiting trial.

"A lot of these issues are fact-dependent, and I'm sure a lot of those facts will be presented at the pretrial motion hearing. We're raising them to preserve them," Amendola said.

Torsell's pretrial conference is scheduled for March 15 at the Centre County Courthouse in Bellefonte.