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<p>WILKES-BARRE &#8212; A Shickshinny man who allegedly told a state trooper he had smoked methamphetamine prior to a car accident in which he killed another motorist is seeking to have his alleged admission thrown out on claims he was not made aware of his Miranda rights.</p><p>According to a pretrial motion filed Monday in Luzerne County Court, Jacob Francis Harvey, 26, is attempting to have a post-crash interview with State Trooper Anthony Stempien excluded from evidence as well as prohibit Stempien from testifying to the cause of the fatal wreck.</p><p>Harvey, of Waterton Road, Shickshinny, allegedly admitted to Stempien he had smoked methamphetamine before his Ford Ranger crossed into oncoming traffic on Lee Road in Conyngham Township Feb. 8 and collided head-on with a Mitsubishi Galant driven by 54-year-old Matthew Ruch, according to a criminal complaint.</p><p>Ruch later died of the injuries.</p><p>Stempien attempted to question Harvey at the crash scene but Harvey stated he couldn&#8217;t remember what happened, the complaint says. Later, Stempien again attempted to interview Harvey in the emergency room at Geisinger Wyoming Valley in Plains Township, where Harvey allegedly told Stempien he had smoked &#8220;meth,&#8221; the complaint says.</p><p>&#8220;The defendant avers that any statements must be suppressed as he was in custody and was subject to interrogation without being advised of his right to counsel and right against self-incrimination,&#8221; wrote Chief Public Defender Steven M. Greenwald.</p><p>Greenwald also wrote that Stempien, who arrived on the scene after the crash, does not have personal knowledge of the incident nor &#8220;scientific, technical or specialized knowledge&#8221; to testify as an expert. A time extension was also requested by counsel, the document says.</p><p>The Luzerne County Coroner&#8217;s Office in April determined Ruch&#8217;s cause of death was from multiple traumatic injuries due to a motor vehicle accident and ruled his death a homicide.</p><p>In July, Harvey waived charges of homicide by vehicle while under the influence of a controlled substance, aggravated assault by vehicle, reckless endangerment and three counts of driving under the influence of a controlled substance to Luzerne County Court.</p><p>Harvey is currently jailed at the Luzerne County Correctional Facility.</p><style>
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<div class="metaInfo"><bylineMeta><p>By Joe Dolinsky</p><p>jdolinsky@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Joe Dolinsky at 570-991-6110 or on Twitter @JoeDolinskyTL</p></shirttailMeta></div>

Shickshinny man charged with homicide attempts to have alleged drug admission thrown out