SUNBURY - It took a jury only one hour Friday to find 21-year-old Hasan Mustafa Abuomar not guilty of multiple charges including homicide by vehicle in the July 16, 2013, accident along Snydertown Road that claimed the life of his 18-year-old friend, Marcelle Barber, of Mount Carmel.
Debate over who was in control of the vehicle when it went out of control and crashed, inconsistencies in testimony and statements given to police, and the defendant's claim that he wasn't responsible for causing the crash convinced the jury to clear the Mount Carmel man of all criminal charges.
In addition to being acquitted at 5:30 p.m. by a jury of six men and six women of homicide by vehicle, two counts of aggravated assault by vehicle, involuntary manslaughter and three counts of recklessly endangering, Abuomar was found not guilty by Northumberland County Judge Charles Saylor of summary offenses of reckless driving, careless driving and failure to drive in a single lane.
After the jury forewoman announced the verdicts on each charge, Abuomar smiled and embraced his husband and wife attorney team of Kymberley Best and Timothy Bowers. He then walked into the gallery of the courtroom to hug his father and mother, Mustafa and Eman Abuomar, and shake hands with a small group of friends who came to support him at the daylong trial.
The defendant, who was elated with the verdicts, said, "I'm glad justice has been served and this case can finally be put to rest. My main goal was to tell my side of the story and I was able to do that today. I am very sorry for the loss of my friend and that's something you never really get over. But I would just like to see everyone move on from this. There's a lesson to be learned by all of us in this case. I have tears of joy right now."
Had he been convicted, he could have faced a maximum of 30 years imprisonment.
Abuomar, who has remained free since his arrest on $40,000 unsecured bail, commended his attorneys for doing a fine job.
His father added, "I thought the verdict was fair. Justice was achieved. My son's legal team did a great job. My boy has suffered unfairly since the accident. I believe they got the wrong person."
Best, who noted Abuomar turned down a plea offer Thursday from the district attorney's office, said, "Tim and I feel relieved for our client, but we can't celebrate a victory in a case where someone died."
While Abuomar, his attorneys, family and friends were rejoicing in one corner of the courtroom, District Attorney Ann Targonski, who prosecuted the case, was attempting to console the family and friends of Barber, 21-year-old Brianna Bailey, of Mount Carmel, and 22-year-old Tyler Karycki, of Mount Carmel.
Bailey suffered serious injuries in the crash including a broken neck, two broken ribs and spleen damage and spent nine days at Geisinger Medical Center in Danville. Karycki and Abuomar, who suffered minor injuries, were passengers in the auto driven by Barber.
Family members and friends of the victims, some of whom were crying as they left the courtroom, declined comment.
Targonski said, "I am disappointed in the verdict, but I respect the jury's decision. The easy cases plead out, but the hard ones you take to trial. It was a very hard day for all the victims' families."
The district attorney said she doesn't plan to appeal the verdict.
Bailey and Karycki testified Abuomar grabbed the steering wheel of Karycki's 2001 Pontiac Sunfire and jerked it to the right while Barber was driving in Upper Augusta Township at about 12:45 a.m. They said shortly after, the car went out of control and landed on its roof.
Abuomar admitted to grabbing the wheel at one point, but denied being responsible for the accident.
The defendant testified, "I didn't cause the accident. I don't think anybody caused it. It was just an accident."
Abuomar admitted giving different statements to police about who had control of the vehicle because he was scared of getting into trouble. The defendant said he believed Bailey and Karycki also were worried before eventually blaming him for causing the crash.
Karycki, who had dated Barber and was attempting to get back together when the accident occurred, testified he also grabbed the steering wheel of the car in an attempt to help Barber gain control of it. The witness said he tried to guide the vehicle toward a guard rail on the right side of the road, but it quickly turned to the left and overturned.
Abuomar said he didn't know why Karycki grabbed the wheel. "I feel bad about the accident. It's sad it happened," he said.
Bailey and Karycki admitted smoking marijuana together before meeting up at Mount Carmel Town Park with Abuomar and Barber around 8 p.m. July 15, 2013, to go for a joy ride. The four friends rode to the Sheetz store in Elysburg with Karycki driving before returning to Mount Carmel so Barber could get her driver's license from her vehicle.
Abuomar said Barber was driving along Snydertown Road when the crash occurred.
The defendant said, "We were playing music, talking and texting and having a good time. We were just hanging out."
Abuomar said he was sitting in the rear passenger side seat, while Karycki was in the front passenger seat. He said Bailey was sitting next to him in the back behind Barber. He said none of the foursome was wearing a seat belt.
While driving along Snydertown Road, Bailey said, "Marcella was shaking the wheel back and forth. Hasan then grabbed the wheel from the back seat and told Marcella if she was going to do it, to do it like a man."
Bailey said as the car went out of control off the right berm, Karycki grabbed the steering wheel with his right hand and attempted to bring it under control, but it crashed and rolled on its roof.
Karycki's testimony was similar to Bailey's, but differed from some statements during interviews with state police. Bowers played a video of one of the interviews to illustrate some inconsistencies in Karycki's testimony and statements.
Karycki said he was picking up some food that fell on the console of the car when he noticed Abuomar and Barber both had hands on the wheel. "I didn't actually see him grab the wheel, but I saw him with his right hand on the wheel," he said.
The witness said he then heard the car squealing and attempted to help Barber straighten it out, but it crashed shortly after.
He said Barber was not used to driving his car, but claimed he wasn't worried about her operating it.
Also testifying were Michael and Deborah Boone, of Snydertown Road, who came to the aid of the accident victims and reported the crash.
Michael Boone said Karycki, Abuomar and Bailey were able to walk up to their front porch. He said Bailey was bleeding badly and was tended to by the couple.
Boone said he and his wife attempted to calm down the young adults before he was told by Karycki that Barber was still inside the car. Boone said he tried to console Karycki after spotting a lot of blood at the scene and believing Barber was dead.
Boone said an EMT then arrived at the scene.
He told the court that Abuomar seemed "stand-offish" while talking on his cellphone.
Northumberland County Chief Deputy Coroner James Gotlob testified he pronounced Barber dead at the scene from blunt force trauma to the head.
Shawna Hipple, a paramedic with Americus Ambulance in Sunbury, said she treated the victims at the scene and recalled one of them saying that a passenger swerved the steering wheel.
Trooper Mark Adams of state police at Stonington, who filed the charges against Abuomar, testified about the investigation that led to the arrest. Conflicting statements provided by the passengers to Adams led to some confusion during his testimony, but the trooper claimed enough evidence existed to charge Abuomar.
Barber's father testified that he told state police Aug. 8, 2013, that Abuomar, who apologized to him about his daughter's death, said he grabbed the steering wheel and caused the accident.
In her closing argument, Best said the case involving the deadly crash focused on grief, fear and blame.
"This was a terrible and regrettable accident, but it's hard to tell who had control of the vehicle and when control was lost," she said.
She pointed out that an accident reconstructionist, who was not called to testify, determined how the crash occurred, but couldn't identify who caused it.
Targonski said Abuomar took control of the steering wheel and caused the accident.