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Judge overrules motion to acquit Dr. Joseph Yurich
By Justin Wier
YOUNGSTOWN
After the prosecution presented its case against Dr. Joseph Yurich, defense attorney Lynn Maro sought to have a directed verdict of acquittal on all charges, but a judge hearing the case overruled the motion.
Maro said the prosecution presented insufficient evidence to sustain a conviction. Merely showing someone consumed alcohol and was then in an accident is not sufficient proof of impairment, she argued.
Dr. Yurich, 38, of Poland, faces several charges stemming from a fatal Berlin Reservoir boat crash on May 9, 2015, that left one man dead and another man injured.
Dr. Yurich is charged with operating a watercraft while intoxicated, aggravated vehicular homicide and aggravated vehicular assault in addition to leaving the scene of an accident.
The aggravated vehicular homicide and aggravated vehicular assault charges require the prosecution to prove he was intoxicated when the boat crash occurred.
In response to Maro’s arguments, prosecuting attorney Dawn Cantalamessa said Dr. Yurich violated the speed limit at night and left the scene of an accident.
Also, despite his attorneys arguing that Dr. Yurich believed there was a hole in his boat and he might sink, he decided to drive several minutes to his home rather than the nearest boat dock.
“He went full throttle home to get out of there,” Cantalamessa said.
Maro countered that speeding is not in and of itself a sign of impairment.
Judge John M. Durkin of Mahoning County Common Pleas Court overruled Maro’s motion.
At this point in time, Judge Durkin said he is obligated to consider the evidence in a light most favorable to the prosecution.
The majority of Friday’s proceedings concerned the testimony of Richard McCullough, an investigator for the Ohio Department of Natural Resources,
The damage on the speedboat, operated by Dr. Yurich, indicated that the boat either struck something or was struck at a high rate of speed, McCullough said.
The damage on the fishing boat which Neal Cuppett, 58, of Akron, who died in the crash, was on board indicated that the boat was stationary when it was hit, McCullough added.
The damage was not consistent with a submerged rock because the damage to Dr. Yurich’s boat was above the waterline.
During Maro’s cross-examination, she questioned McCullough’s credentials. The investigator took a course in 2004 and two more in 2014. This was his first accident reconstruction since the 2014 courses.
The trial will resume at 9 a.m. Monday, when the defense will begin to call witnesses.