The fiery wreck happened in the early morning of May 6 on Willow Park Road in Bethlehem Township.
A police officer testified Wednesday that he was stunned when he saw a man in flames emerge from the burning wreckage of a car on Willow Park Road in Bethlehem Township.
"I didn't think he was going to make it," Freemansburg police Officer Jeff Farneski said. "The defendant was fully engulfed in flames. Initially, I didn't think anybody was alive."
Terrell Barclay, 27, of Orange, N.J., was the lone survivor of the May 6 crash that killed three passengers.
At a preliminary hearing Wednesday, Barclay's attorney asked a district court judge to dismiss all charges, arguing testimony provided was mostly hearsay and didn't prove his client was the driver.
Barclay suffered severe wounds and is disfigured as a result of his injuries. Attorney Timothy Prendergast entered a not guilty plea on his behalf.
Dressed in blue pants, a white long-sleeved thermal shirt and sneakers, Barclay showed little emotion and didn't speak unless addressed by the judge. He wore a neck brace, shackles and gauze covering on his head. Seated at the defense table, he occasionally placed his hand on his head and turned around once to see a handful of supporters sitting behind him.
Besides three counts of vehicular homicide, Barclay is charged with two counts of drunken driving, possession of marijuana, possession of a firearm, accidents involving death without a proper license and other vehicle and traffic violations.
What we know about driver in fiery crash that killed 3
Farneski and three Bethlehem Township law enforcement officers provided testimony about what they saw following the 1:22 a.m. crash.
Terrell Barclay places a newspaper over his head Wednesday, Oct. 19, 2016 as he leaves district court in Bethlehem Township. Barclay is the lone survivor in a May 2016 crash that killed three passengers in Bethlehem Township. (Pamela Sroka-Holzmann | For lehighvalleylive) Barclay, the driver with a suspended driver's license, allegedly struck three parked cars while speeding in the 1800 block of Willow Park Road. Killed were Amanda Martin, 26, of New Ringgold, Schuylkill County, Pa.; Ashlee Mosher, 29, of Easton; and Joshua Edwards, 28, of Easton.
Police said Martin was the front-seat passenger; Edwards was the right back-seat passenger; and Mosher was the left back-seat passenger.
'Flash in the air'
Farneski said he spotted Barclay driving at speeds of 80 to 90 mph and erratically down Pembroke Road while he was on patrol and parked in the lot of Spiro's Restaurant in Freemansburg.
He enacted emergency lights, but never caught up to the rented sedan -- about a quarter mile ahead of him, he said. Barclay later turned onto Willow Park Road in the township, struck a parked pickup truck and a Ford Mustang, and the sedan burst into flames.
"I saw a flash in the air," Farneski said, describing the scene as he arrived.
Farneski said Barclay emerged from the wreckage through a back passenger-side door, fell out and began yelling. The officer told Barclay to stay put as he went back to the police cruiser to retrieve a blanket, but Barclay got to his feet and started running, Farneski said.
Other officers who arrived tried to get Barclay to take off his smoldering clothes as he rolled on the grass. In doing so, a wallet and a bag of marijuana fell onto the ground, Bethlehem Township Officer Mark Demetrovic testified.
A .40-caliber Taurus Millennium handgun found in the road where Barclay had emerged from the burning car was stolen from Plainfield Township, officers said. A written statement was provided by the seller of the stolen gun who told police he sold it to Barclay in exchange for heroin.
Prendergast was quick to question Bethlehem Township Inspector Tony Stevens if any DNA or fingerprints were taken from the pistol, in which Stevens replied, "No."
Barclay was "extremely uncooperative" and "combative" with officers and emergency workers, officers said, noting he kept attempting to get up and leave. Barclay eventually was sedated by emergency medical technicians just to get him to lay flat, Demetrovic testified.
By the time officers arrived at the Bethlehem DUI Center, blood was already drawn from Barclay. Blood testing put Barclay's blood-alcohol content 90 minutes after the crash at 0.19; penalties begin for most drivers at a BAC of 0.08. He allegedly also had THC, the intoxicant in marijuana, in his system.
Barclay was later placed into a medically-induced coma at Lehigh Valley Hospital in Salisbury Township before being moved July 27 to the Easton Health & Rehabilitation Center, according to Stevens.
Barclay was charged on Sept. 9 and a warrant was issued for his arrest.
Officers testified Barclay was driving while his New Jersey and Pennsylvania licenses were both suspended. Additionally, he had a prior rap sheet of convictions that made him unable to possess a firearm, they said.
In Essex County, New Jersey, he was charged in 2006 with robbery; in 2007 for possession of a controlled substance with intent to deliver; in 2008 for burglary; and in 2009 possession of a controlled substance. He also has six warrants for traffic violations, authorities said.
Lone survivor of fiery crash jailed in wreck that killed 3
'Not the driver'
Prendergast asked the judge to dismiss all charges, pointing to what he called hearsay testimony and no proof that Barclay was behind the wheel.
Barclay, he said, was only was seen getting out a back passenger-side window and never observed in the driver's seat. All the seats were melted by the time firefighters put out the blaze.
"There has been no testimony placing this individual in the driver's seat of this vehicle," Prendergast said.
Prendergast also argued officers did not have a warrant or Barclay's consent to take a blood sample. The handgun, he said, cannot be proven was ever in Barclay's possession.
"The firearm found outside -- there was no DNA or fingerprint evidence to tie this firearm to Mr. Barclay," Prendergast said. "There's no (evidence) that Mr. Barclay ever possessed a firearm."
Northampton County Assistant District Attorney Joseph Dominic Lupackino argued the three people killed were found in passenger-seat positions and the driver's seat was empty following the crash.
A warrant is not needed by hospital staff to administer a blood draw requested by government officials, he said.
"Circumstantial evidence shows he was in possession of the gun," Lupackino argued. "There's a written statement (by the seller of the handgun), saying he did sell that same gun found at the scene to Terrell."
In the end, Broscius determined there was enough evidence to send all the charges to Northampton County Court.
"I took careful consideration of the evidence and all the testimony," Broscius told Barclay. "I believe that the offenses have been committed and you are the person who committed those offenses."
Family members of the deceased victims in a May 2016 fiery crash in Bethlehem Township embrace Wednesday, Oct. 19, 2016 outside district court. (Pamela Sroka-Holzmann | For lehighvalleylive) Following the hearing, family members of the dead expressed sorrow and embraced in the parking lot outside.
Tiffany Barclay, Terrell Barclay's sister, said facts were inconsistent in the case and she hoped a clearer depiction would come out during her brother's trial.
Barclay placed a newspaper over his head as he walked with law enforcement to an awaiting vehicle.
He is being held at Northampton County Prison in lieu of $250,000 bail. Formal arraignment is scheduled Dec. 20 in Northampton County Court.
Pamela Sroka-Holzmann may be reached at pholzmann@lehighvalleylive.com. Follow her on Twitter @pamholzmann. Find lehighvalleylive.com on Facebook.