The McHughs were married for 55 years and had five children. Two and a half years ago she was killed, and he was maimed in a two-car crash on a busy highway not far from their home. They were on their way to play Bingo when a car suddenly turned into Mary's path.
Daniel Smith was arrested and eventually convicted of vehicular homicide while driving under the influence. He was sentenced to 3 to 6 years in prison, but that conviction has suddenly been overturned.
"There were 12 people that unanimously decided that he was guilty. And it didn't take them very long to come back with that verdict. And now, because of a technicality, he's out free, and all of us are left devastated," said Joe's daughter, Mary Jo McHugh.
In his appeal, Smith said police violated his rights when they tested for alcohol, and did not properly inform him that a criminal investigation was underway. An appellate court overturned the conviction, finding police procedures at fault that day. The court ruled the blood test cannot be used against him.
"They did not see any indication at all of intoxication, and then sent him to the hospital for blood testing as a routine, which we contended was unlawful because they didn't have any probable cause," said defense attorney John Kerrigan.
At trial, witnesses said Smith admitted drinking 8 beers the night before as he watched the Phillies play in the World Series. But Smith told police he felt sober when he went to work the morning after.
McHugh's family has launched an online petition campaign. They are hoping to press state lawmakers to close any loop holes in the law, and the District Attorney to appeal the ruling.
"If there are any grounds for appeal, then we are certainly going to examine them and press forward," said Bucks County Deputy District Attorney Robert Salzer.
"What about my grandparents' rights?" asked McHugh's granddaughter Jenna Ockford.
"My mom-mom should be alive. She was perfectly healthy. They were on their way to play Bingo. It's not fair."
