John Marshall High School Mock Crash and Trial

April 23, 2003


Mock Presentations All To Real To Students

On Tuesday afternoon, more than 300 students, teachers, and parents assembled in the school parking lot to witness a mock crash involving alcohol and the unfortunate death of teacher Mike Pivik. Before going outside to the crash scene, a brief scenario was read to the students: On prom night, student Angela Niehuas decided to consume several cans of beer throughout the night before heading to the after-prom at the school. She wanted to make the night more interesting. After leaving a party at Fish Creek, Niehaus and several friends, Megan Burrough, Gene Kettler, and Chelsea Rexroad were traveling North on Rt. 2 heading to John Marshall when Niehaus went left of center and smashed into a 1992 Maroon Pontiac Sunbird driven by Mr. Pivik and his wife, Cherry Pivik. Mr. Pivik was pronounced dead at the scene. Burrough, Mrs. Pivik, and Rexroad suffered serious injuries while Kettler walked away with just minor cuts and bruises.

Lt. Ed Vogler and Officer Mark Martin of the Glen Dale Police Department were first on scene. Shortly after, personnel from the Glen Dale Fire Department and Rescue arrived. With lights and sirens sounding, this mock scene appeared to be a real emergency. In fact, the "Jaws of Life" had to be used to remove Mr. & Mrs. Pivik from their vehicle. Bodies were placed in ambulances and field sobriety tests were performed. Witnesses were shocked and distraught at the crash scene. The driver, Niehaus, was arrested and charged with DUI causing death. Many bystanders commented that the crash "was very educational", and proved more convincing than a lecture. Afterwards, the officers and emergency personnel had the opportunity to speak with the students and answer questions.

As in real life, the nightmare for those who decide to drink and drive doesn't end with just a crash. On Wednesday morning, the students gathered in the school's auditorium to see Niehaus stand trial for causing the death of Mr. Pivik. Marshall County Circuit Court Judge, Mark A. Karl, presided over the case, while Chris Turak from Gold, Khourey & Turak and Rich Wilson from Wilson Law Offices prosecuted and defended the case. Students Lindsay Peters and Amanda Reaves served as co-counsel. The jury consisted of 12 students from John Marshall High School.

Judge Karl conducted the trial as close to a real trial as possible. Witnesses were sworn in, reports, photos, and exhibits were entered into evidence, and objections heard, just as it would happen in a real court room. In the end, the jury returned a verdict of guilty of DUI causing death. Judge Karl ordered Niehaus to be placed in custody with sentencing to be determined after a pre-sentencing investigation is performed.

Gold, Khourey & Turak is a personal injury law firm located in Moundsville who represents victims of drunk drivers. As the result of their firsthand experience, their hope is that these mock presentations will prove effective in deterring individuals from drinking and driving. Special thanks to Blazer's Auto Body & Towing for supplying the vehicles, Mrs. Kolas for her support and guidance, and the Hi-Y students for their help in organizing the events.

Additional information about the mock accident and trial can be obtained by calling the law offices of Gold, Khourey and Turak at (800) 388-2529.