Trial for attorney charged with fatal DUI-crash scheduled for June

Terrie Morgan-Besecker, The Times-Tribune, Scranton, Pa.
·2 min read

Mar. 27—The long-delayed trial for a Luzerne County attorney charged with killing a Scranton man in a wrong-way drunken driving crash is scheduled for the week of June 12 in Carbon County Court.

Joseph Persico, of Shavertown, was charged in 2020 with killing Paul Gerrity in a head-on crash on the Northeast Extension of the Pennsylvania Turnpike on Nov. 6, 2018.

Prosecutors said Persico, 72, who at the time worked for the Rosenn, Jenkins & Greenwald law firm in Wilkes-Barre, had a blood alcohol level of 0.22%, nearly three times the legal limit, when he drove his Audi sedan southbound in the northbound lane and slammed into Gerrity's Honda Civic. He later resigned from the firm.

The impact caused Gerrity's car to spin and hit another vehicle driven by Pan Tso, of Wilmington, Delaware. Gerrity was pronounced dead at the scene, while Tso and Persico were each treated for serious injuries.

Persico is charged with homicide by vehicle while driving under the influence, homicide by vehicle, aggravated assault by vehicle while DUI, aggravated assault and several other offenses.

The case against Persico, who is confined to a wheelchair because of injuries suffered in a fall at his home unrelated to the crash, has been continued multiple times over the years. Judge Joseph Matika scheduled the trial date following a status conference Monday.

District Attorney Michael Greek said the continuances were granted for several reasons, including Persico's medical condition and efforts to work out a plea agreement. He said plea negotiations are still ongoing, but no deal had been reached as of Monday.

"In the event he is found guilty or if he enters a plea, the Department of Corrections has to be able to accommodate his medical condition," Greek said in a phone interview Monday. "That's always something you have to consider and is part of the reason it has taken this amount of time."

Persico's attorney, Paul Walker, said Persico cannot walk and has only limited use of his arms. He's hopeful a plea deal can be reached that will keep him out of state prison.

"There are a lot of things he requires assistance for full time," Walker said. "I don't know if there is a prison that is capable or would want to do that."

Contact the writer: tbesecker@timesshamrock.com; 570-348-9137; @tmbeseckerTT on Twitter.