The New York Dispatch has reported that a man with four previous DUI convictions has been found guilty for a fifth, and this time the conviction is for third-degree murder, homicide by vehicle while DUI, causing a fatal crash, DUI, driving without a license and other offenses.
Red Lion resident T.F., 30, crashed and killed N.N., 56, a motorcyclist, on July 19, 2008 on Route 30 in the Hellam Township.
Tim Barker, the chief deputy prosecutor, said that T.F. was driving approximately 100 mph when he struck Millersville, Lancaster County resident N.N.
T.F. was on probation for DUI at the time of the fatality.
Common Pleas Judge Richard K. Renn found T.F. guilty on all charges. T.F. had forgone a jury trial.
According to the arrest affidavit, T.F.'s blood alcohol level was 0.22 percent. The legal limit for driving is below 0.08 percent.
Sentencing is scheduled for April 19. T.F. is free on bail until his sentencing, according to court documents. He is facing a maximum prison sentence between 20 to 40 years for the third-degree murder charge.
Justin McShane, T.F.'s defense attorney, told reporters that it is too soon to say if his client would seek an appeal of the conviction. McShane said, "At this point we're focused on his sentence, so we haven't made a decision one way or another about an appeal."
McShane added that the death of N.N. was "a tragedy beyond description" and that "our hearts go out to his family, because he did not deserve to die."
Back in August when T.F. appeared in court a guilty plea that was expected was not forthcoming. Instead, T.F. fired his attorney, Rick Robinson, and told the court that he wanted to take the case to trial with new attorney McShane.
Had T.F. pleaded guilty in August it would have been in exchange for a prison sentence between 11 and 25 years.
Since 2002 New York court records show that T.F. had pleaded guilty four times to DUI, driving with a suspended license and other related charges. After his prior sentencing T.F. was ordered to attend DUI classes.
This fifth conviction has been in the courts for so long because T.F. made appeals in lower-court – prohibiting Barker from introducing T.F.'s DUI history during his current trial. T.F.'s appeal only served to delay the trial, and it was denied.
Hellam Township resident E.D. witnessed the car crash. E.D. testified that he was driving about 60 or 65 mph when he spotted N.N. ahead of him on his motorcycle traveling at about 50 or 55 mph and T.F.'s Dodge Durango coming up behind both of them at about 100 mph.
As all three vehicles continued eastbound, E.D. said that as T.F. "passed me he cut me off the road."
The Durango headed straight for the motorcycle, though N.N. turned on his right blinker and moved to the right side of the road, T.F. followed him from the left side of the road to the right as well.
E.D. said that he then saw T.F. drive "right over" N.N. and he "never stopped. No brakes, no nothing."
Facing your first or fifth DUI requires that you contact a DUI attorney that is experienced in defending these types of cases.