Case of driver in double fatal Mercer County OVI crash bound over to higher court
The case of a driver allegedly involved in a double fatal OVI crash in Sharpsville is now in the hands of a higher court.
The case of 25-year-old Damion Gearhart of Transfer has been bound over to the Mercer County Court.
Gearhart is charged with two counts of homicide by vehicle while under the influence and one count of DUI. Police said he was the driver in a double fatal crash in Pymatuning Township that claimed the lives of 25-year-old David Helberg III and 29-year-old Brenton Tymchyshyn.
Family members of both victims said coming to terms with the crash has been difficult.
“He was a very genuine loving type of person. He loved to hunt, fish and he also loved his family most of all his son little D,” Katelyn Ryley, Helberg’s sister said about him. ”It's been really rough on all of us, it's almost not real."
Ryley said Helberg was always there for people whether it was a loved one or a stranger.
Tymchyshyn's family said he was closest to his brother Tyler who was described as "his lifeline." Cody Frazier, Tymchyshyn's Cousin said they grew up together and were more like brothers than cousins. He said Tymchyshyn loved to be outside hunting, fishing or riding 4-wheelers.
“No matter how mad I was or sad of a day that I had or even bad of a day he would always make it better no matter what,” Frazier said. “We didn't even have to talk, he would just look at me, that's how synced we were.”
A criminal complaint states Gearhart was driving down Buckeye Drive in Sharpsville when his truck hit a pole. Police found the truck on its side in a ditch with sparking wires nearby. Mercer County District Attorney Peter Acker previously told 21 News this was one of the worst crashes he'd ever seen.
Police say Gearhart told officers he "only had a six pack of Busch Light" that night. According to a criminal complaint, Gearhart's blood alcohol content was found to be .215%, almost triple the legal limit.
If convicted, Gearhart could face up to six years in prison.
“I'm a firm believer of an eye for an eye. I don't think six years is enough,” Frazier said. “I feel like he should have life.”
Gearheart originally had 11 charges brought against him. In court on Tuesday, eight of them were dropped including reckless driving speeding and careless driving resulting in unintentional death.
“He definitely needs to be charged and punished for what he did no matter what the cause is,” Ryley said
Gearhart is out on bond. His formal arraignment will be on November 16.