Prosecutors have valid concerns that a key witness against a Clairton man accused in the 2023 shooting of a Monroeville police officer could flee or die before next month’s trial, a Westmoreland County judge ruled.
The witness, according to prosecutors, was a passenger with Bruce Alvarado as he fled in a stolen SUV and was pursued by police through parts of Allegheny and Westmoreland counties. He was captured on Nov. 10, 2023, in Allegheny Township.
Common Pleas Court Judge Meagan Bilik-DeFazio ordered a pretrial hearing be conducted Friday. Testimony would be recorded and played for a jury at Alvarado’s June trial if the witness, 49-year-old Amber Barkhammer, fails to appear in court next month.
Alvarado, 40, allegedly fired multiple shots from a .9 mm handgun as police attempted to take him into custody; a Monroeville police officer was wounded in the leg and arm. Alvarado was charged with 17 criminal counts, including attempted murder of a police officer, aggravated assault and other related offenses.
Prosecutors said his passenger, Barkhammer, is the central witnesses expected to testify during the trial. She was his passenger during the car chase, and heard Alvarado threaten to shoot police if caught, according to the prosecution.
Attempts to locate Barkhammer earlier this year were unsuccessful after constables found her Greensburg apartment vacated, Assistant District Attorney Adam Barr told the judge. But she was eventually detained last month on a material witnesses warrant and has been an inmate at Westmoreland County Prison since April 9.
The judge previously ruled Barkhammer can be released from jail on house arrest and, because of an ongoing addiction issue, is to be sent to a drug and alcohol treatment facility.
Assistant District Attorney Jeremy Mains said during the hearing Thursday there is concern that once released, Barkhammer will flee the jurisdiction or potentially die from an overdose.
“We had to expend time and effort to find her and there is ongoing substance abuse. In the event she is unavailable, we intend to preserve her testimony,” Mains told the judge.
Bilik-DeFazio agreed and unilaterally ordered the court session closed to the public, saying it was a precaution to ensure potential jurors are not exposed to evidence that will only be shown should Barkhammer fail to appear at trial.
Defense attorney Ken Noga objected, saying there was no evidence Barkhammer will flee and that concerns over a potential overdose are no more elevated than in other cases where drug addiction is suspected among defendants and witnesses.