Mock Crash & Trial Shows Firsthand
Risks of Drinking and Driving

April 11-12, 2007

The Moundsville law firm of Gold, Khourey & Turak, teaming with the Martins Ferry Volunteer Fire Department, Martins Ferry Police Department, Naylor Brothers Towing, Judge Frank A. Fregiato, attorney W. Howard Klatt from Klatt Law Offices, and school administrators and students from Martins Ferry High School highlighted the seriousness of impaired driving to juniors and seniors at Martins Ferry in a two-day presentation that involved a mock D.U.I. crash and trial.

On Wednesday afternoon, more than 200 students and teachers from Martins Ferry High School gathered in the school auditorium to watch a 5-minute video rendition of a scenario that involved drinking and driving on prom night. The scenario was created by the students and re-enacted in video form by the students. Real names and locations were used, and the facts developed by the students were realistic enough that a tragedy like this could actually happen. Unfortunately, the prom night scenario used ended with a drunk driving crash that resulted in the death of a student, Kayla Mackey.

Immediately following the video scenario, the students went across the street to the school parking lot where two crashed cars were situated as if they were just involved in a head-on collision. Inside the vehicles students were “made-up”with fake blood and torn clothes.

Sgt. John McFarland and Patrolman Chad Dojack of the Martins Ferry Police Department were first on scene. Shortly after, personnel from the Martins Ferry Volunteer Fire Department and Rescue arrived . With lights on and sirens sounding, the mock scene appeared to be a real emergency. In fact, the “Jaws of Life” were used to remove the passengers from Mackey’s, the victim’s, vehicle. Bodies were carried to the ambulance and field sobriety tests were performed. Witnesses were intrigued and shocked at what they were watching unfold right before their eyes.

The driver of the other vehicle, Justin Patterson, a senior at Martins Ferry, was “arrested” and charged with D.U.I. and Vehicular Homicide, among other charges. Many bystanders commented that the crash “was very educational and real”, and proved more convincing than a lecture. Afterwards, officers and emergency personnel were kind enough to meet in the auditorium and speak with the students and answer any questions they had about the crash.

As in real life, the nightmare for those who decide to drive while impaired doesn’t end with just a crash. On Thursday morning, the students gathered in the school’s auditorium to witness Justin Patterson stand trial for causing the death of Kayla Mackey. Judge Frank A. Fregiato of the Northern Division Court in Belmont County presided over the case, while Christopher Turak of Gold, Khourey & Turak and W. Howard Klatt of Klatt Law Offices, prosecuted and defended the case. Martins Ferry student Brianne Booth served as co-counsel for the prosecution, while student Abbey Bennett assisted with the defense. The jury consisted of 12 students from Martins Ferry High School, as did the court clerk and bailiff.

Judge Fregiato 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 would happen in a real trial. Prior to jury deliberations, attorney Christopher Turak encouraged the students to not only remember the facts presented, but also the life of Kayla Mackey. “Kayla was a student, a friend, and a daughter, who had her whole life in front of her. Then, all of a sudden, her life was taken because the defendant decided to drive under the influence.” Turak continued, “Unfortunately, Kayla is not with us today. You (the jury) are Kayla’s voice, and it is your responsibility to speak loud and clear for Kayla and to find the defendant guilty.”

Defense attorney Howard Klatt encouraged the jury consider the magnitude of their decision and to review the facts closely. “Serving on a jury is one of your most sacred rights as a citizen of this country,” Klatt told the jurors. “Your decision will impact the life of my client for the rest of his life, so I ask that you consider whether the State lived up to their burden beyond a reasonable doubt. And if you have any doubt, then you must return a verdict of not guilty.”

Zac Zabitski, a student who served as the bailiff for the trial, escorted the jurors out of the courtroom to deliberate. While the jury was deliberating, the students in attendance were able to ask questions about the trial.

In the end, the jury returned a verdict of guilty of D.U.I. and causing the death of Kayla Mackey. Melissa Mackey, mother of the deceased, provided an emotional impact statement on behalf of her daughter. Mrs. Mackey, clenching a photo of her daughter and fighting back tears, spoke directly to the defendant. “Justin, I am very disappointed in you. I’ve known you for a long time, and I know your parents. If you would’ve have just called your parents instead of driving that night, they would have came to get you and my Kayla would still be with us today.”

After the victim impact statement, Judge Fregiato requested that the defendant stand to accept his sentence. “I find that imposing fines in cases like these don’t work, the rich have no trouble paying them, and the poor can’t pay them and don’t. Therefore, I am going to sentence you to 8 years in the penitentiary, but with no fine. I hope you will take that time to consider what you have done.”

Attorney Howard Klatt then requested time for his client to say bye to his family and get his personal things in order before reporting to jail. Judge Fregiato vehemently denied the request, “Kayla Mackey didn’t have time to say bye to her parents, Kayla Mackey didn’t have time to get her things in order, and you, sir, do not deserve the opportunity either.” Judge Fregiato then instructed the bailiff to handcuff the defendant and take him immediately to jail.

At the conclusion of the event, Turak and Klatt presented the participants with plaques that recognized their efforts to promote a safer community.

Gold, Khourey & Turak is a personal injury law firm located in Moundsville and represents victims of drunk drivers. As the result of their firsthand experience, their hope is that the mock presentations will prove effective in deterring individuals from drinking and driving.

Additional information about the mock D.U.I. crash and trial can be obtained by calling Gold, Khourey and Turak at (304) 845-9750.