Lt. Eric Eslary, 40, was killed in a head on accident while on duty on 5/5/15. The accident happened at 1:40 a.m. near Idlewild Park and Soak Zone on Route 30 in Westmoreland County when a van was traveling the wrong way. Lt. Eslary was taken to Excela Latrobe Hospital where he was pronounced dead at 2:46 a.m.
A club employee described Fink as being “a mess” and said he appeared to be drunk, according to the criminal complaint. Surveillance video shows Fink entering the club at 11:42 p.m. He was unable to located his identification in his wallet for more than two minutes, police said. When Fink and Gifford left the club at 12:42 a.m. May 5, it appeared in the video that Fink had difficulty staying balanced, police said.
Mr. Fink was charged in 2006 with driving under the influence and DUI with the highest rate of alcohol, reflecting a blood alcohol content of greater than 0.16. The legal limit for driving in Pennsylvania is 0.08. State police in Greensburg charged Mr. Fink as a first-time offender. Police also filed several summary counts. That year Mr. Fink entered an accelerated rehabilitative disposition program in Westmoreland County Common Pleas Court. He was placed on probation for 12 months and had his driver’s license suspended for 60 days, according to online court records. Those records show that Mr. Fink completed the program in September 2008 and all his charges were dismissed.
On 7/16/15, Clair Eugene Fink III , arrived for his court arraignment at the office of District Judge Mark Bilik. Fink is charged with numerous counts including third-degree homicide, homicide by vehicle while driving under the influence and reckless driving. Fink will be held without bail in the Westmoreland County Prison. Fink’s blood-alcohol content was .197 percent at the time of the crash. The legal limit in Pennsylvania is .08 percent. He was traveling between 63 and 68 mph in the 55 mph zone, police said. Eslary was traveling 34 to 40 mph.
On August 3, 2015, the children of filed a wrongful-death lawsuit. The suit lists Lt. Eric Eslary’s three children, Morgan, Lauren, and Colin 11, as plaintiffs under their grandfather and court-appointed plenary guardian, Clarence H. Mazzariello of Ligonier. Named as defendants are Clair E. Fink III, 32, of Ligonier; his employer at the time of the crash, Westmoreland Pools and Spas Inc. and Westmoreland Pool Sales and Construction in North Huntingdon; and Beehive Showbar in Salem. The children are seeking monetary damages, according to the suit, which was filed Monday, one day before Eslary’s widow, Mary Beth Eslary, filed her own civil claims. Westmoreland Pools. The suit filed by Eslary’s children claims that Westmoreland Pools and Spas and Westmoreland Pool Sales and Construction were negligent in letting Fink have control over a work van and that Fink should be held responsible for driving 3.7 miles in the wrong direction. The Beehive was negligent because bartenders allegedly served Fink and failed to stop him from driving when he left the bar, the suit claims.
Clair E. Fink III pleaded guilty to five charges included third-degree murder. In addition to the murder charge, Mr. Fink, 33, of Ligonier pleaded guilty to homicide by vehicle while under the influence and three DUI offenses. Eight other charges — the most serious of which was a felony count of homicide by vehicle -— were dismissed by the commonwealth as part of the plea deal. Mr. Fink pleaded guilty before Westmoreland County Common Pleas Judge Christopher A. Feliciani.
was sentenced on 2/21/17 to at least 12 years in prison on third-degree murder, drunken driving and other charges for a wrong-way crash that killed Lt. Eric Eslary.
