The Moundsville law firm of Gold, Khourey & Turak, teaming with the Wheeling Fire Department, Ohio County Sheriff’s Department, ACE Garage, Judge James P. Mazzone, attorney W. Howard Klatt from Klatt Law Offices, and school administrators and S.A.D.D. members from Wheeling Park High School highlighted the seriousness of impaired driving to juniors and seniors at Wheeling Park in a two-day presentation that involved a mock D.U.I. crash and trial.

On Wednesday afternoon, nearly 300 students and teachers from Wheeling Park High School gathered in the gymnasium to listen to a short scenario that involved drinking and driving on a Friday night.  The scenario was created by the students.  Real names and locations were used, and the facts developed by the students were deemed realistic enough that a tragedy like this could actually happen.  Unfortunately, the scenario used ended with a drunk driving crash that resulted in the death of a student, senior Megan Barrick.

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

Corporal Tim Gessler and Deputy Chuck Kittle of the Ohio County Sheriff’s Department were first on scene. Shortly after, personnel from the Wheeling Fire Department  and Rescue Squad 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 passengers from one of the vehicles.  Bodies were carried to the ambulance and field sobriety tests were performed.  Megan Barrick’s body was placed in a body bag and carried away. 

The driver of the other vehicle, Denny Warner, a senior at Wheeling Park, was “arrested” and charged with D.U.I. causing death.  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 with the students in the cafeteria 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 theatre to witness Denny Warner stand trial for causing the death of Megan Barrick.  Judge James P. Mazzone of the First Judicial Circuit presided over the case, while Christopher Turak of Gold, Khourey & Turak and W. Howard Klatt of Klatt Law Offices, prosecuted and defended the case.  Wheeling Park student Stephanie Welsh served as co-counsel for the prosecution, while student Neel Sharma assisted with the defense.  The jury consisted of 12 students from Wheeling Park High School, as did the court clerk and bailiff.

Judge Mazzone 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.  The defendant took the stand on his own behalf, and the defense even called Ms. Georgia Maguire, the defendant’s Sunday school teacher, to the stand as a character witness.  Prior to jury deliberations, attorney Christopher Turak encouraged the students to not only remember the facts presented, but also the life of Megan Barrick.  “Megan 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, Megan is not with us today.  You (the jury) are Megan’s voice, and it is your responsibility to speak loud and clear for Megan 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.” 

Donna Gardner, 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 Megan Barrick.  Judy Barrick, mother of the deceased, provided an emotional impact statement on behalf of her daughter.  Mrs. Barrick laid a photo of her daughter on the table in front of the defendant, then spoke directly to the defendant in tears.  “Are you having fun now?” said Mrs. Barrick to the defendant. “Did you even know my daughter?  Do you realize what you have done?  Just because you wanted to have a little fun, I will never see my daughter again.”

After the victim impact statement, Judge Mazzone addressed the students in attendance before handing down his sentence.  “What we have witnessed here today and yesterday with the mock crash is a senseless tragedy, one that is easily preventable by making safe decisions.  I hope that you will all leave here today remembering the events of the past two days, and that you will act responsibly as you continue into the future.”

Judge Mazzone requested the defendant to stand to accept his sentence.  “In a few weeks, your friends will be graduating without you and without Megan.  The difference is that your friends and family will see you again, Megan’s family will only be able to visit her at her grave site.  My hope is after you serve your time, you are able to rehabilitate yourself into a productive member of society, and become the engineer you wish to be.  I sentence you to the maximum sentence allowed by law in the State of West Virginia, which is not less than 10 years in the West Virginia Penitentiary.”  Judge Mazzone then instructed Deputy Kittle to take the defendant into custody.

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 driving while impaired.

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