York Daily Record
YORK, Pa. — For the first time in three days of testimony in Matthew Scott Diehl’s murder trial, a commonwealth witness said what the prosecution has been implying.
Pennsylvania State Police Cpl. Eric Campbell, an accident reconstructionist, said Wednesday he believed that Loganville Fire Chief Rodney Paul Miller’s firefighter’s turnout coat was ripped from his body when Diehl drove into him on Interstate 83 on April 27, 2013.
Diehl told investigators after the crash that he thought he had struck a deer around 12:43 a.m. at the Glen Rock southbound exit. Miller’s body was found in a patch of grass between the highway and the off ramp.
Campbell said Miller was knocked into a metal sign pole, which ripped off his coat and flannel shirt and redirected his body to where it came to rest.
If not for the pole, Campbell said, Miller’s body would have been farther south and closer to the highway.
Eyewitness Matthew Hopkins testified earlier that he could not remember if the chief was wearing the coat that night. The defense has contended that Miller was not wearing it, and Diehl told police he never saw the chief.
The jury also heard a state police audio recording of Diehl from two hours after the crash. Diehl said he came up on a car stopped in the left-hand lane with four-way flashers on. Diehl said he merged into the right-hand lane to pass and struck something that came in front of him from the left.
Diehl was aware at the time of the interview that he had struck a person and not a deer, but he was not told who he struck or the person’s condition until after the interview was over.
Informed he struck and killed a local fire chief, Diehl, clearly shaken by the sound of his voice, said: “What? No. Are you serious?”
Also Wednesday, a forensic toxicologist said she concluded Diehl’s blood alcohol level at the time of the crash was 0.118 percent. She said that finding was conservative and considering the margin of error, his blood alcohol content could have ranged from 0.110 to 0.126 percent.
James Sobek, a forensic engineer and expert on lighting and visibility, had the crash reenacted using Hopkins’ Subaru, a Trailblazer identical to Diehl’s and Miller’s Ford F-250.
The reenactment took place at the same time of night on the same stretch of I-83 that was closed to the public.
Sobek said that, as Hopkins was able to do, any driver should have been able to recognize there was something in the highway, slow down and avoid a crash.
Sobek said a driver should have recognized Miller’s truck as an emergency vehicle within two seconds of seeing the flashing red lights, which were visible from 3,000 feet.
Diehl told police he also did not see any flashing red lights.
The commonwealth rested after Sobek’s testimony. The defense is to begin its case today.
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