Mechanics dispute acts that resulted in charges
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Mark Fabian
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Dan Castelli sensed a teachable moment for his auto mechanic students at Rosedale Technical Institute in Kennedy.
Earlier this month, he gave each student a copy of a newspaper article about Mark Fabian, a mechanic charged with involuntary manslaughter for not fixing the brakes on a van that crashed into a tree, killing a teacher's aide in September.
"It shows there is accountability for what you do out there in the field," Mr. Castelli said.
But, based on what police revealed about the crash, Mr. Castelli agreed with nearly a dozen mechanics interviewed over the past two weeks who said criminal accountability goes too far.
In a criminal complaint filed last month, the Pittsburgh Police Collision Investigation Unit identified the removal of the valve cap on the master brake fluid cylinder as the reason for Colleen Visconti's death.
Investigators wrote that because Mr. Fabian left the cap off, it allowed "the brake fluid to escape and the brakes to completely fail. This caused a loss of control on a steep hill and the crash which ultimately caused the death."
Several mechanics assailed that logic, saying that a missing cylinder cap would allow some fluid to spill out of the top, like driving around with a full cup of coffee and no lid.
They said a missing cap would not spill enough to cause brake problems and wouldn't leave a drip trail of brake fluid from the crash, as described in the complaint.
"I could take the cap off any one of these vans and drive around for months without a problem," said John Gillespie, of Gillespie's Auto Service in Beaver.
Pittsburgh police Sgt. Daniel Connolly, one of the investigators in the case, said that the valve cap was one of several problems with the 2005 Dodge Caravan, but he would not elaborate further.
Sgt. Connolly declined to comment on how the missing cap caused the trail of fluid.
"We find out what happened and then determine fault," he said of the collision unit. "We don't determine fault and then build a case around it."
The case will continue at Mr. Fabian's preliminary hearing, which is scheduled for Friday, though defense attorney William Schmalzried said he would ask for a postponement so the defense can inspect the van.
For an involuntary manslaughter charge, prosecutors must prove that Mr. Fabian, 33, of the North Side, was grossly negligent or reckless, and that his actions or inactions were a direct cause of Ms. Visconti's death.
The negligence comes from Mr. Fabian's shoddy inspection of the Caravan, the complaint said. The morning of the crash, driver Jennifer Logan brought the van in for service at the Lawrenceville garage for A-1 Van Service, which owns the van.
Ms. Logan said she had trouble with the brakes in the van, used to transport special needs children, and asked mechanics to inspect it. Mr. Fabian was assigned to inspect the vehicle, and investigators alleged that he falsified the work order.
The brake pad measurements Mr. Fabian wrote down did not match what investigators found after the crash, and there was dust on the drums and brakes, indicating they had not been removed for inspection.
Investigators found an obvious 1-inch crack on the right rear brake and the left rear brake cylinder was frozen. The report also noted that Mr. Fabian put the vehicle "back in service with inoperable rear brakes."
When confronted by two Pittsburgh police officers with the discrepancies, Mr. Fabian became "evasive," the report said.
Sgt. Connolly's investigators discovered Mr. Fabian was not a state certified mechanic, either.
"I've been doing this job 16 years, and this is the first mechanical problem we have ever prosecuted," Sgt. Connolly said.
"Most [cases] are human error, DUI, someone running a stop sign, not paying attention, talking on a cell phone, racing. Not many are just straight up mechanical issues."
Despite other problems with the van, the investigators -- several of whom, including Sgt. Connolly, are certified state inspection mechanics -- focused on the cylinder cap in the report. The independent mechanics said that was too much of a leap to be a direct cause.
A trail of brake fluid from the scene would be caused, instead, by a ruptured or rusted brake line, or perhaps a blown brake hose, the mechanics said.
And even if those things did happen, "it still doesn't leave vehicle in a no-brake condition," said Mr. Castelli, who teaches at night and works at Goodyear Auto Service Center, Downtown, during the day.
Still, the mechanics unanimously condemned the alleged poor inspection by Mr. Fabian, who has been suspended indefinitely by A-1 Van Service. Mr. Schmalzried said his client is working, but not as an auto mechanic.
"He's attempting to carry on with his life," Mr. Schmalzried said.
His case has many mechanics perturbed. They admitted that speaking out against the crash diagnosis has some self-interest to it, as they are worried about the precedent set by prosecuting a mechanic for a fatal brake failure.
"Holy cow," said Joe Morris of Magee's Auto Service in Darlington, Beaver County.
"Every garage on the face of the Earth is going to have a mechanic in handcuffs before this thing is over."
First Published March 23, 2009 12:00 am
