CLARION — The defense attorney of a Clark man involved in the 2018 crash that killed two Mercer County men claims his client might not have been driving when the accident took place.

Defense attorney Blair Hindman said he filed an omnibus pre-trial motion hearing for his client, Joseph Michael Flynn, 24, of Clark, because said DNA evidence recovered from inside the the truck indicates that Flynn might not have been driving at the time of the accident.

The omnibus pre-trial motion hearing is set for 1 p.m. Nov. 4 at the Clarion County courthouse before Judge James G. Arner, according to online court records.

“Joe’s lived with this for a long time, he’s ready to get this behind him,” Hindman said of Flynn.

Clarion County Assistant District Attorney Drew Welsh declined to comment Monday.

Flynn faces 23 charges stemming from an accident on April 14, 2018, along Miola Road in Highland Township, Clarion County. State police said the truck went off the left side of the road about a half-mile north of Bigley Road. After leaving the road, the truck hit a culvert, a road sign, two trees and turned 180 degrees before coming to rest.

Mark Marcucci of West Middlesex and Kevin Yarabinec of Sharpsville, both passengers in the truck, were killed in the accident. Marcucci was pronounced dead at the scene and Yarabinec died of his injuries the next day in Allegheny General Hospital.

The third passenger, Cody Alan Hughes, suffered knee problems, a fractured ankle and two broken vertebra and was taken to Pittsburgh Presbyterian Hospital.

At the scene of the crash, Flynn allegedly told first responders that he had eight to 10 beers before driving, which he referred to as “a few,” according to an affidavit of probable cause filed in the case.

Flynn is facing two counts of homicide by vehicle while driving under the influence, three counts of aggravated assault by vehicle while driving under the influence, driving under the influence, driving under the influence with the highest rate of alcohol, two counts of involuntary manslaughter, three counts of assault, three counts of recklessly endangering another person, disregard of a single traffic lane, driving at an unsafe speed, careless driving, careless driving causing unintentional death, careless driving causing serious bodily injury, reckless driving, failure to use the safety belts for the driver and front seat occupant, and aggravated assault, according to court documents.

Flynn was released last year on $50,000 unsecured bond.

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