CLEARFIELD – A plea agreement for a Smithmill man accused of homicide by vehicle while driving under the influence was rejected by Judge Paul E. Cherry after the family of the victim complained Monday during sentencing court.
State Police say Nathaniel Robert Beers, 23, was under the influence of alcohol when the utility vehicle he was driving struck and killed an 81-year-old man, Reverend Robert Leslie Humenay, near his home in Cooper Township.
Beers is also charged with homicide by vehicle, aggravated assault by vehicle while DUI, and aggravated assault by vehicle, all felonies, as well as misdemeanor recklessly endangering another person and DUI, as well as several summaries.
Beers had signed a plea agreement in which he would only plead guilty to homicide by vehicle and DUI in exchange for a nine-month sentence.
District Attorney Ryan Sayers spoke saying he and the family had a long discussion about the case and wanted to honor the victim who would have offered forgiveness.
Before accepting the plea, Cherry asked to hear from the family of the victim, to ensure they agreed with this resolution to the case.
A family member addressed the court describing the victim as someone who would, if he knew you, pray for you.
She suggested Beers whose life was traded for the victim’s life, should follow Humenay’s example and live as he did.
Cherry commented that he hopes her words sunk in to Beers. He again asked if the family was satisfied with the plea agreement.
A second family member noted that they wanted to avoid a trial, yet thought a nine-month sentence was not acceptable.
Cherry advised them if he did not accept the plea, the case would go back on the trial list. Again the family members stated the nine-month sentence was not enough.
Cherry then rejected the plea.
According to the affidavit, on Sept. 1 when police arrived on the scene on Sportsman’s Road in Cooper Township, they saw a Polaris utility vehicle parked on the eastbound shoulder of the roadway. Humenay, who was deceased, was lying directly in front of the vehicle.
Beers was sitting on a guide rail along the westbound side of the road. He agreed to speak with the troopers.
Beers said he was traveling northbound when he saw the man walking. He stated that he tried to go to the right side of the road, but he still struck the man.
“I hit him on the driver’s side of my buggy. You can see the damage on the driver’s side over there,” he told them.
Because he appeared to be under the influence and had an odor of alcohol on his breath, he was asked if he had been drinking. He reportedly admitted to having three or four cans of beer in a bar.
He failed a field sobriety test and a preliminary breath test indicated the presence of alcohol. Beers was taken for a blood test, but the results were not included in the report.
It was noted that Sportsman’s Road is not approved for ATV or UTV’s. The vehicle also did not have a registration plate.
