The woman convicted for huffing aerosol fumes moments before a fatal car accident will not be granted a new trial, at least not yet.
On Wednesday, Centre County Judge Thomas Kistler denied a post-trial motion filed on behalf of Danielle Packer.
In doing so, Kistler affirmed Packer’s conviction and 10 to 20 year sentence on third degree murder charges.
Packer was huffing Dust-Off before the Aug. 6, 2012 car crash that killed 25-year-old Mathew Snyder.
At trial, prosecutors said Packer bought the Dust-Off at the Walmart store in College Township before getting behind the wheel of a car. Packer then inhaled fumes in the Walmart parking lot and again at a red light at the intersection of Benner Pike and Shiloh Road.
Packer, 23 of Bellefonte, drove head on into a vehicle driven by Snyder, killing him. The accident happened on Route 150 between Rockview Road and Bricker Road.
Packer was convicted on multiple charges in addition to third degree murder. Those charges included aggravated assault, involuntary manslaughter, DUI, recklessly endangering another person and numerous traffic offenses.
A key element in Packer’s post-trial motion was the claim that prosecutors failed to give evidence from a toxicologist to Deborah Lux, the public defender representing Packer.
The toxicologist, Dr. Harry Kamerow, testified at a hearing that the Lux took his comments out of context when she quoted him as saying tests showed a “woefully unimpressive” level of chemicals in Packer’s body following the accident.
“I believe the public defender implied in her appeal for a new trial that I opined that the level did not justify the verdict,” Kamerow told the judge before adding, “I said nothing of the sort and this implication was a bold faced lie.”
Kamerow said he essentially did not have enough information about the case to give an opinion.
Packer’s lawyer also objected to the third degree murder and aggravated assault charges. In her filing, Lux said Packer “did not display evidence of malice sufficient to support convictions for either of these offenses.”
In his ruling Kistler cited testimony from multiple witnesses that showed Packer had previously used Dust-Off to get high and knew its dangerous effects. Because she chose to huff and then drive a car, Kistler said there was “sufficient evidence” for the convictions.
Lux says she plans to take the case to a higher court. “Obviously, we’re disappointed in the judge’s decision, but we plan to appeal to the Pennsylvania Superior Court,” she says. “I anticipate that the appeal will be filed sometime next week. The appeal will involve the same issues already preserved in the post-sentencing motion.”
In a prepared statement, Centre County District Attorney Stacy Parks Miller says she’s not surprised by Kistler’s decision. “We are happy the Court recognized that Third Degree Murder can be established in certain circumstances in driving related deaths as well,” she says.
Popular Stories:
Police Investigating Intoxicated Man with Gun at Ramada Inn
Domestic Abuse Suspect Faces New Charges for Allegedly Crashing Wife’s Car
The Big Cheese: For Penn State Dairy Foods Expert, It’s OK to be Judgmental
District Attorney Wants Centre County Held in Contempt of Court
Penn State Drug Abuse Conference Teaches Pennsylvania Teens to Be Leaders
Out for Summer: End of the Year Brings Mixed Emotions for Students
State High Art Teacher Reflects on 40 Years of Helping Students ‘Discover Wonder’
Penn State Hockey: Program Announces Three Spring Freshman Signing
Penn State Football: Menet Picks Up Coveted Fifth Star
Three-Star Offensive Tackle Will Fries Commits To Penn State
Penn State Football: Franklin And Staff Set To Kick Off Satellite Camps
