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Man sentenced for involuntary manslaughter gets house arrest
Judy D.J. Ellich Daily American reporter - 5:35 p.m. EST, March 2, 2011

Michael Sullivan's court documents at his sentencing for involuntary manslaughter. (Judy d.J. Ellich)
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SOMERSET —
A former coal truck driver who caused the death of Marlana Sarver of New Florence in 2007 when his vehicle rear-ended her car was sentenced to five years in the intermediate punishment program for involuntary manslaughter.
Michael L. Sullivan Jr., 39, Point Park Lane, Friedens, must spend the first year of his sentence wearing an electronic monitor used in house arrest.

Sarver’s car was stopped on Route 30 near Route 403 on Dec. 6, 2007, when Sullivan’s truck, owned by Tunstall Trucking in Hooversville, slammed into her car, killing her and injuring her young son, Jeremiah.
“I can’t hold somebody to a standard I can’t live by,” said Jeremiah’s father, Jeffrey Springer of the Pittsburgh area, after the sentencing. “It is not my job to judge anyone. It is God’s job.”

At the sentencing he spoke about allowing Sullivan the opportunity to work and make a living to support his family and to pay the financial costs of the crime.
“What I wish to see from this proceeding is honesty as to what happened,” Springer said.

When Sullivan spoke he turned to Springer in the courtroom and responded.
“I didn’t set out that day to have the accident. I was just doing my job. It happened so fast, it truly was a blur. I am truly sorry for your loss,” he said.
Sullivan’s attorney, Ken Johnson of Somerset, called the case tragic.
“Obviously, Mr. Sullivan is here to accept his punishment. He was the driver of the vehicle that day. There has never been an issue of Mr. Sullivan accepting his responsibility,” Johnson said.

Sullivan pleaded guilty Dec. 13.
“There is never a satisfactory sanction,” District Attorney Jerry Spangler said. “Mr. Sullivan pleaded guilty to unintentionally causing someone else’s death. However, someone died; someone was injured and the family will be facing the circumstances for the rest of their life.”
“They have a hole in their heart that will never heal,” Spangler added.
The sentencing is atypical for manslaughter, according to President Judge John M. Cascio.
“We recognize it is a very serious matter. There is an opportunity for the defendant to make restitution,” he said.
“There is no real easy way to deal with a case like this. The bottom line is the final chapter here is a mother has died and a child has been injured for life,” he said.

Cascio said he went back and forth before deciding on a sentence. He looked at the maximum sentence available on this case that would involve incarceration and the ability of Sullivan, who is working in another field, to pay the costs and provide for his family.

Sullivan was ordered to pay court costs, a supervisory fee, a $100 fine, $1,500 to the prosecution for an expert witness and $6,340 for the cost of storing Sarver’s vehicle. He must perform 100 hours of community service.
Originally, Sullivan was also charged with homicide by vehicle and nine summary offenses: following too closely, safe speed, reckless driving, two counts of operating with a hazardous brake system and four counts of operating with unsafe equipment.

Several weeks after a homicide by vehicle charge was dropped against him, the owner of the coal truck, Joseph R. Tunstall, 40, of Hollsopple, is disputing summary charges related to the crash.
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