In vehicular-assault trial, judge acquits man from Poland



YOUNGSTOWN -- A judge ruled a Poland man was innocent of driving a car that ran down a pedestrian in Boardman last year.
Patrick E. Pivarnik, 36, of Eastbrook Trail, had been on trial for vehicular assault and leaving the scene of an accident. Authorities said he was the driver of a car that hit 59-year-old Beverly Hogan of Boardman as she walked along South Avenue in February 2002.
"There was just absolutely nothing as far as evidence to place him behind the wheel of that car," Judge Jack Durkin said Wednesday of his reason for the acquittal.
Pivarnik had waived his right to a jury trial and instead had the matter decided by Judge Durkin.
Atty. Dennis DiMartino, who represented Pivarnik, said he was pleased with the decision, and agreed that there was no evidence on which his client could have been convicted.
Hogan has filed a civil lawsuit against Pivarnik in the case. That suit still is pending in common pleas court, also before Judge Durkin.