Driver Found Not Guilty in Fatal Accident
By Laurie Mason, Courier Times
A Bucks County jury Thursday found Richard L. Smith not guilty of causing 16-year-old Jessica Kebert’s death in a horrific crash in March.
Jurors acquitted Smith, 19, on charges of homicide by vehicle while driving under the influence, homicide by vehicle, aggravated assault while DUI, and involuntary manslaughter. The panel convicted Smith on charges of DUI and recklessly endangering another person. He will serve a mandatory 72 hours in prison on the DUI charge and could face further prison time or probation on the other counts.
"This is exceedingly bittersweet. He’s relieved that he has been exonerated in Jessica’s death. Rich is still filled with remorse that she died in his car," said Smith’s defense attorney, Louis Busico. "He’s completely distraught and his condolences have always gone out to her family."
The jury deliberated for more than four hours before reaching the verdict. Family members on both sides of the case wept outside the courtroom afterward. The verdict capped an emotional three-day trial in which experts debated the cause of the March 4 crash on South Flowers Mill Road that claimed Kebert’s life.
Witnesses said Smith was speeding when his car drove 144 feet off the road directly into a tree. Kebert, a Neshaminy High School junior, was in the front passenger seat. She died at the scene.
A backseat passenger, Amy Desalvo, was seriously injured. Smith’s car, a 1994 Chevy Cavalier, was mangled beyond recognition.
Smith and the girls had been drinking vodka at a friend’s home before the 2:20 a.m. crash, witnesses said. Smith’s blood alcohol level was 0.11, more than five times the legal limit for a person under age 21.
Prosecution experts said Smith’s intoxication led to the errors that caused the crash. A witness saw Smith’s car go out of control at high speed and veer off the road, confirming that Smith lost control due to his high level of intoxication.
Verdict Sheet:
In the Court of Common Pleas of Bucks County, Pennsylvania
Criminal Division
Commonwealth of Pennsylvania v. Richard Lee Smith
Criminal Action No. 4825, 2007
1. As to Count 1, charging Involuntary Manslaughter:
- Do you find that the Commonwealth has proven Defendant guilty beyond a reasonable doubt?
- Yes ____
- No ✓
2. As to Count 2, charging Homicide by Vehicle:
- Do you find that the Commonwealth has proven Defendant guilty beyond a reasonable doubt?
- Yes ____
- No ✓
3. As to Count 3, charging Homicide by Vehicle While Driving Under the Influence:
- Do you find that the Commonwealth has proven Defendant guilty beyond a reasonable doubt?
- Yes ____
- No ✓
Dated: 10/25/07
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