MEADVILLE — Sonya Hansen asked Crawford County Judge John Spataro for justice on Wednesday for the death of her grandmother, Dorothy Miller, 77, of Hartstown, killed last fall at the hands of drunken driver Edward Herrick.

“Make an example of her case,” Hansen said firmly and without hesitation at Herrick’s sentencing hearing in Crawford County Court of Common Pleas Wednesday afternoon. Members of the Miller family were given an opportunity to speak prior to Judge Spataro pronouncing sentence. Hansen was the only family member to speak, and Alan Pepicelli, the Miller family attorney, also spoke briefly.

Herrick, 40, of 450 E. College St., Meadville, received the maximum sentence of five to 10 years in state prison by Spataro on Wednesday for Herrick’s guilty plea to a charge of homicide by vehicle while driving under the influence. Herrick had pleaded guilty in county court in April as part of a plea bargain with the Crawford County District Attorney’s Office.

Miller, 77, of Hartstown died Oct. 29, 2011, when her sport utility vehicle was struck head-on by an SUV driven by Herrick on Route 322 near Meadville’s Smock Bridge. Meadville police charged Herrick after his vehicle had crossed over the median, traveled west in the eastbound lanes of Route 322 and collided with Miller’s SUV.

Hansen said her grandmother’s death was especially disheartening since “It was all avoidable.”

She told Herrick he “played God with other’s lives.”

“You simply had to choose not to get into a car,” she said.

Assistant District Attorney Chris Strem said the case was tragic both for the victim and the victim’s family.

Pennsylvania State Police accident reconstruction specialists estimated Herrick’s SUV was traveling at 91.73 miles per hour when it slammed into Miller’s vehicle after Herrick had crossed over the median and traveled the wrong way into the eastbound lane, Strem said. Miller’s vehicle was stopped in a line of traffic in the eastbound lane of Route 322.

He noted Herrick’s blood alcohol reading was 0.189 percent, more than twice the legal limit in Pennsylvania. Under Pennsylvania law, a blood alcohol reading of 0.08 percent or higher is considered driving under the influence. Strem said Herrick’s roommate told police she awoke to see Herrick drinking vodka at 7 a.m. on Oct. 29, 2011. The crash happened around 12:40 p.m. that day.

Herrick, dressed in blue, prison-issued clothing, walked with a cane in addition to handcuffs and leg shackles as he came up to the judicial bench to face sentencing. Herrick himself was hospitalized and then in physical rehabilitation for close to two months following the crash before being formally arraigned on the charges Dec. 28, 2011.

“I don’t normally drink and drive,” Herrick said softly to Judge Spataro. “There’s no excuse for it.

“If I could trade places, I would,” Herrick said at the conclusion of his brief remarks.

Herrick’s remarks brought a strong rebuke from Judge Spataro, who said Herrick’s drinking and driving on Oct. 29, 2011, “was not only avoidable, but also it’s reprehensible.”

“You knew on that day you were a dangerous, dangerous man,” Spataro said. “You knew that and despite that got behind the wheel of a car.”

Spataro also noted Herrick was on parole from a previous case the day of the crash and wasn’t supposed to be drinking.

Herrick will have to serve two years for violating his parole, said Bruce Barrett, assistant public defender who was representing Herrick.

In pronouncing sentence, Spataro ordered Herrick to serve five to 10 years in state prison, consecutive to any previous state sentences, for the homicide by vehicle while DUI. Herrick will be given 182 days credit for time already served. Spataro also ordered Herrick to serve three to six months for driving under the influence and that sentence will run concurrent with the homicide by vehicle while DUI charge.

Herrick also was ordered to pay court costs, a total of $6,200 in fines and $10,845.90 in restitution.

Following sentencing, Alan Pepicelli, attorney for the Miller family, told a Tribune reporter the family was pleased Herrick was given the maximum sentence.

“The family is obviously glad the ordeal is over,” Pepicelli said.



Keith Gushard can be reached at 724-6370 or by email at kgushard@meadvilletribune.com.