Centre County Judge Jonathan Grine denied a motion for bail revocation for Mathew Shirk on Tuesday.
Shirk is free on $50,000 unsecured bail pending a sentencing hearing scheduled for July 7.
Prosecutors petitioned for bail revocation on May 14, the day after a jury returned a guilty verdict for homicide by DUI in the 2011 death of Kelly Rider. In court documents, Assistant District Attorney Nathan Boob cites testimony on the stand by bartender Annette Neely, mother of another passenger injured the night of the crash, who said Shirk had consumed alcohol since that night.
According to Centre County District Attorney Stacy Parks Miller, “Since he was not arrested right away, the judge could not ascertain if bail conditions were in place at that time he consumed.”