Carbon County court
A Lehighton man was sentenced to six to 96 months in a state prison on Friday on a charge of homicide by vehicle while driving under the influence in a fatal crash that took the life of two men.
Judge Steven R. Serfass imposed the term on Richard S. Failla, 51, saying, “This is a very sad case.”
Failla previously pleaded to one count each of homicide by vehicle while DUI, homicide by vehicle, aggravated assault by vehicle while DUI and DUI-highest rate. The charges were filed by Franklin Township police officer Frank W. Buonaiuto for a crash that occurred on Aug. 31, 2014. The charges were not filed until September 2015 when township police received the final report from a state police crash reconstruction team.
In exchange for the pleas, the district attorney’s office dropped a second count of homicide by vehicle-DUI related, homicide by vehicle, two counts each of aggravated assault by vehicle while DUI and involuntary manslaughter, three counts of recklessly endangering and various summary offenses. Failla was originally charged with a total of 17 counts.
During a very emotional proceeding that lasted for an hour and a half, Serfass heard statements from family members of the two victims — Brian McGovern and Christopher Mattera. Both men were pronounced dead at the scene.
Mattera’s mother told of the pain and suffering her son’s death has caused her family. Reading from a prepared statement, she asked Failla, “How could you be so careless?”
McGovern’s mother told of her son’s bright future and how much he meant to her family. She told Failla she had forgiven him.
Assistant District Attorney Michael S. Greek, who prosecuted the case, told Serfass, “No sentence that could be imposed will heal the families grief.”
At the start of the proceeding, Attorney Timothy Woodward, told the court his client has taken full responsibility for his actions. He said his family has also suffered. He said Failla and his wife have separated, but he sees his children daily.
Failla had a hard time keeping his composure as he read from a prepared statement.
He said he thinks about the crash every day and added, “I must live with this the rest of my life.”
He added, “I never meant to hurt anyone that night. I pray one day I can be forgiven.”
Crash investigation
According to the affidavit of probable cause filed by Buonaiuto:
Buonaiuto and then part-time officer Christopher Lekka were dispatched to Forest Street near Sawmill Drive for a reported rollover crash.
Buonaiuto arrived at the scene at 2:22 a.m. and saw a white Jeep Grand Cherokee bearing a New Jersey registration rolled over. He looked inside the vehicle and noticed that two men on the passenger side of the vehicle weren’t moving at all.
Failla, who was visibly shaking, was walking around the vehicle with blood coming from his right knee. He told police that one of the men in the vehicle was the driver.
Failla identified the people as Brian McGovern and Christopher Mattera. Both men were pronounced dead at the scene.
Another occupant, Matthew Friant was rushed to the Lehigh Valley Hospital-Cedar Crest, with serious injuries.
EMS began to treat Failla for his injuries, and took him into the ambulance. Failla’s wife, Lisa, then arrived on scene a short time later.
Buonaiuto briefly spoke to Failla’s wife asking what happened. His wife said they went to the Olde Schoolhouse Tavern, a short distance away on Fairyland Road.
EMS told Buonaiuto that while they were cutting Failla’s clothes, the Jeep key fob fell out of his left front shorts pocket.
The Jeep left the roadway, hitting a large rock, then trees, before it came to rest on its roof.
Accident reconstruction by state police determined that Failla was driving the Jeep at the time of the incident.
The Jeep was traveling 72 mph about five seconds before the crash in a 35 mph zone, according to police.
At the time the Jeep left the roadway, it was traveling 52 mph.
Serfass imposed jail terms on each count with them all running concurrent to each other. He also ordered Failla to make restitution to families of the victims and an insurance carrier totaling $30,197.48, get both drug and alcohol and mental health evaluations, supply a DNA sample and pay court costs of about $1,000.
Failla began the sentence immediately.
