BY STACI WILSON

The driver of a tanker truck that killed U.S. Marine Staff Sgt. Andrew Stevens early last year in Springville was back in court Friday afternoon as his attorney presented three motions to the court for consideration.

Arlan Taft, 59, of Tioga, appeared before Susquehanna County Senior Judge Kenneth Seamans. Taft faces a charge of homicide by vehicle, as well as a count of involuntary manslaughter and three counts of recklessly endangering another person, as well as several summary violations, stemming from the Jan. 2, 2015 crash at the intersection Routes 3004 and 29 in Springville Twp.

The court heard arguments on three motions filed by Taft’s attorney, Ernie Preate.

Preate argued that the prosecution did not establish its prima facia case in the preliminary hearing held September 28, 2015 in Montrose District Court.
The transcript from the hearing was entered into evidence for the judge to review.

In continuing with the motions before the court, Preate said that at the preliminary hearing, the district attorney’s office did not make its case for the homicide charge. “They can’t say it’s vehicular homicide when they did not say anything we did was wrong.”

“It’s not in the documents, and not in the testimony,” Preate continued in his argument on a motion to receive a “bill of particulars” – a more detailed and formal written statement of the charges and claims.

Susquehanna County Assistant District Attorney William Urbanski told the court that defense had been provided with the prosecution’s discovery evidence, and the nature of the charges and the case was presented at the preliminary hearing.

Urbanski said that in the district court hearing, charging officer Cpl. Michael Joyce testified that Taft’s conduct and lack of conduct led to the charges. “The unlawful act is driving at an unsafe speed,” Urbanski said.

According to the preliminary hearing testimony, Taft was traveling at 32 mph at the time of the crash; the posted speed limit was 40 mph. Following the crash, Springville Twp. requested a traffic safety study be conducted on the roadway. Since then, a speed advisory has been posted in the area reducing the speed of trucks on the downhill grade to 20 mph.

Preate told the court that the Pennsylvania State Police had possession of the tanker truck Taft was driving at the time of the crash from the accident date until June of last year. At that time, a local towing and salvage company was allowed to take title of the vehicle.

But Preate said, Taft was not charged until September and defense experts were not able to do their own evaluation of the vehicle.

Preate had also filed a motion to suppress Taft’s statement to police on the scene following the crash.

After testimony Friday from Tpr. John Oliver, who was the first to interview Taft, the defense attorney said he felt comfortable that his client was not the suspect in a criminal investigation at that time.

Judge Seamans took the matters under advisement and had not issued rulings on the defense motions as of Monday, March 7.

Taft remains free on unsecured bail. He is scheduled to return to court to be heard on an additional motion filed by the defense on June 8.