In court, mother of ATV crash victim asks that driver warn others
Washington County Judge Gary Gilman said in court Monday morning that he had been leaning toward handing down a considerable jail sentence to the operator of an all-terrain vehicle who pleaded guilty to driving while under the influence of alcohol.
But after hearing the tearful mother of the ATV’s seriously injured passenger, Austin Michael Strawn, then 27, of Valley Grove, W.Va., ask that the driver instead warn youth of the consequences of drinking alcohol, the judge meted out a combination of jail, electronic home monitoring, parole and 100 hours of community service.
Justin Beiswenger, 26, of Washington, will be incarcerated for 48 hours in the Washington County jail, the state-imposed mandatory minimum for a guilty plea to a first offense of drunken driving, and serve six months on parole. The sentence also includes suspension of his driver’s license.
Gilman also admitted Beiswenger to the Intermediate Punishment Program for 24 months in exchange for his guilty plea to simple assault. He will serve the first six months on electronic home monitoring.
Beiswenger also pleaded guilty to careless driving. The judge imposed a total of $800 in fines in connection with the 7:30 p.m. Aug. 18, 2018, crash in the 800 block of Lone Pine Road, West Bethlehem Township.
Strawn had to be flown to UPMC-Presbyterian hospital in Pittsburgh. Neither he nor Beiswenger was wearing a helmet, state police said.
Both men were injured when the ATV flipped and struck a guardrail, but Strawn’s injuries were life-threatening.
Beiswenger was taken to Presbyterian hospital by ambulance for treatment and he refused to submit to a blood-alcohol test, police said.
A search warrant was obtained for his medical records. Police said they showed that Beiswenger’s blood-alcohol content was almost double the 0.08 percent limit at which intoxication is presumed.
His passenger suffered bleeding of the brain and a punctured lung, for which he needed to be placed on a ventilator, and developed an infection and pneumonia.
Beth Strawn told the judge she quit her job as a bank branch manager to care for her son, who continues with therapy but suffers from depression and has no job or income.
Of Beiswenger, she said, “His going to jail is not bringing any good to my son. It’s not making the situation any better. I’d like to see Justin in an (Alcoholics Anonymous) program.”
She asked that Beiswenger speak to teens to “let them know don’t drink and drive. Don’t think it will never happen to you. These acts would bring him more good than having to go to jail.”
Assistant District Attorney Craig McKay said after meeting hundreds, if not thousands of victims in his prosecutorial career, “I’ve never seen anyone as magnanimous” as Mrs. Strawn.
Gilman also commended her for expressing “an incredible amount of forgiveness.” The judge concurred that Beiswenger, in service to the community, should address driver education students about the alcohol-fueled crash and its effects. He also ordered Beiswenger to be evaluated for drug and alcohol abuse and follow any treatment recommended.
McKay asked that the judge on Monday order $1 restitution to Austin Strawn to keep the matter open for future amendment.
Beiswenger’s attorney, Christopher Blackwell, told the court his client declined to speak during the proceeding Monday, but that as part of a pre-sentence investigation prepared by the adult probation office, “He wrote a rather lengthy, heartfelt letter to the family as well as to the court.”
A charge of aggravated assault filed by police was withdrawn at the magisterial level.