Murrysville man to serve up to 15 years in prison for 2023 fatal crash
Ten minutes after Kelly Poholsky took a call from her husband as she drove home from work Oct. 7, 2023, she came upon what appeared to be the scene of a bad accident.
Only later that night did she learn the covered body that lay on the ground as she drove by was her longtime spouse.
“I can never get that out of my head,” Poholsky told a Westmoreland County judge Monday. She spoke during a guilty plea hearing for the man police said caused the crash, resulting in the death of 65-year-old Michael Poholsky.
Darren S. Hamm, 61, of Murrysville pleaded guilty to vehicular homicide, aggravated assault, drunken driving and other related offenses in connection with the crash on Route 22 at the intersection of School Road in Murrysville.
Michael Poholsky was driving home with his 28-year-old son after they spent the day at Idlewild and Soak Zone with his 6-year-old granddaughter. He died from injuries sustained in the crash.
Police said Hamm had spent the day drinking at the Fort Allen Volunteer Fire Company & Relief Association. While on his way home, he ran a red light and slammed into Poholsky’s Chrysler Concorde, which was attempting to make a left turn from School Road onto the highway, according to authorities.
Police said Hamm was drunk. His blood alcohol level was 0.183% after the crash, more than twice the limit in which a motorist is considered to be intoxicated under state law.
Westmoreland County Common Pleas Judge Tim Krieger imposed terms of a negotiated plea bargain and sentenced Hamm to serve 5½ to 15 years in prison and an additional five years on probation. The judge said he was initially reluctant to accept the plea deal, saying he considered Hamm more liable for his actions, based on his past involvement in the county’s Veterans Court program.
According to court records, Hamm previously had been charged with drunken driving three times dating to 2012, and in 2018 he graduated from Veterans Court, presided over by Krieger. The program focuses on intensive supervision and treatment, and allows former military members charged with what officials describe as minor crimes a chance to avoid jail, receive shorter sentences or have their cases dismissed upon successful completion of the 6-to-24-month program.
Hamm served a probation sentence following his most recent drunken driving conviction, according to court records.
“You graduated from Veterans Court and you knew all the dangers and you knew all the risks. I was inclined to not take the plea because you were a graduate of Veterans Court,” Krieger said.
Poholsky’s family, after conferring with the prosecutors, agreed to allow Hamm’s plea deal to be completed.
Poholsky family members said they were angry and still grieving.
“You do not deserve any respect from anyone in my family because you ruined the future of my entire family,” said the victim’s younger brother, Rick Poholsky. “Mike and I grew up with an alcoholic father, and in my head I could not imagine another alcoholic could hurt my family. Mike’s life should have lasted many more years, but you killed him that day.”
The Poholsky family last year filed a wrongful death lawsuit against Hamm, the Fort Allen Fire Company and 50 unnamed defendants, alleging they excessively served him alcohol on the night of the crash.
In a statement following Monday’s court hearing, Kelly Poholsky acknowledged the impact of Hamm’s actions and the family’s ongoing efforts to punish those they claim are responsible for the fatal crash.
“This tragedy has revealed deep flaws not only in the justice system but in how we handle responsibility in our communities. Bartenders in private clubs and social settings must be trained to recognize when someone should not be served,” she said in the statement. “Victims and their families too often bear the heaviest burden, left to fight for justice in a system that doesn’t always hear them. It’s time to change our laws in our institutions and in our sense of shared accountability.”
Rich Cholodofsky is a TribLive reporter covering Westmoreland County government, politics and courts. He can be reached at rcholodofsky@triblive.com.
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