A former Pittsburgh paramedic whose blood alcohol level was more than three times the legal limit when she struck and killed a woman on East Carson Street two years ago is trying to have her blood test thrown out.
Sydney Richardson, 35, of Lincoln Place is charged with homicide by vehicle while driving under the influence, DUI and related traffic counts. Her case is scheduled for a nonjury trial before Allegheny County Common Pleas Judge Jennifer Satler on July 8.
According to Pittsburgh police, Richardson was driving a Dodge Ram pickup truck outbound on East Carson Street around 1:30 p.m. on March 11, 2024, when she crossed the center line and crashed into a Mitsubishi SUV driven by Mary Alice Bendick.
The force of the crash sent Bendick’s vehicle over the guardrail, and the truck rolled, coming to rest on its roof.
Bendick, 60, of White Oak had to be extricated and died a short time later at the hospital.
According to the criminal complaint, Richardson was taken to UPMC Mercy.
While at the hospital, Pittsburgh police Sgt. Terrence Donnelly was dispatched to obtain consent from Richardson to test her blood for alcohol.
Donnelly said she gave permission, and the test results showed that Richardson’s blood alcohol content that afternoon was 0.277% — more than three times the legal limit for driving of 0.08%.
Defense attorney Frank Walker filed a motion to suppress the test results, asserting that Richardson’s permission was not voluntarily given and was the result of coercion.
On Monday, Satler heard testimony on the suppression motion from both Donnelly and the defendant.
Custodial interrogation?
Donnelly said that when he first arrived at the hospital, Richardson was upset and crying. He said he noted a slight odor of alcohol coming from her, as well as slurred speech.
When Donnelly asked what happened to cause the crash, Richardson said she had fallen asleep on her way home after having lunch at Nadine’s Bar where she said she drank two White Claw seltzers.
While the sergeant questioned Richardson, she was lying in a hospital bed and had her neck immobilized in a brace.
She was not handcuffed, Donnelly said, and he did not read her her Miranda warnings, he said, because she was not in custody.
During the hearing Monday, the prosecution played Donnelly’s body camera video from when he obtained consent to do the blood draw.
When he asked for Richardson’s consent, she asked if she could talk to her sister first.
“This is one of those decisions you have to make on your own,” he told her.
“Sorry,” Richardson responded. “I’m scared. I know that sounds stupid. I’m a paramedic, I know how this works.”
“It’s completely different when you’re on the other side,” Donnelly answered.
Ultimately, Richardson gave permission for the blood draw both orally and in writing.
In Pennsylvania, if a driver suspected of DUI refuses a blood or breath test, they automatically lose their driving privileges for one year.
In Walker’s motion to suppress, he argued that Donnelly’s questioning of Richardson at the hospital qualified as a custodial interrogation given in violation of her right against self-incrimination.
“Ms. Richardson’s ‘consent’ to the blood draw was not the product of a ‘free and unconstrained choice;’ instead, it was the result of duress and coercion under the totality of the circumstances,” Walker wrote.
His client was lying in a hospital bed in the emergency room following a severe car crash, wearing a neck collar and was upset and crying.
No Miranda warning
Walker further argued that Richardson’s statements to Donnelly also should be suppressed because she did not receive her Miranda warning against self-incrimination.
“Ms. Richardson was ‘in custody,’” Walker wrote, noting that she was a target of an investigation, Donnelly told her he had questions about the crash and that he was recording her.
“Based upon the totality of the circumstances,” Walker wrote, “an individual would not believe they (were) free to leave.”
Richardson, who remains in custody at the Allegheny County Jail, also took the stand briefly on Monday and testified she did not fee free to leave at the time even though she was not handcuffed.
Satler asked the two sides to file briefs on the matter and gave them 30 days each to respond.