The lawyer for a local man charged with vehicular homicide after hitting a Penn State professor said the court cannot prove his client was driving negligently and asked that felony charges be dismissed.

Thomas Fry, 51, of Boalsburg, was driving his company's van along Boalsburg Road March 22 when he collided with Penn State mechanical engineering professor Bohdan Kulakowski, 63, who was riding his bike home. Kulakowski died at the scene from internal chest trauma.

Ron McGlaughlin, Fry's attorney, said there is a pending habeas corpus motion to dismiss the felony and misdemeanor charges because he believes the District Attorney's office cannot prove Fry was negligent when he drove his car that day.

During the June preliminary hearing, two State College doctors testified that Fry was diagnosed with a degenerative eye disease in the 1980s. John Fisher and Jeffrey Heimer testified for the prosecution that Fry should not have been driving.

Centre County District Attorney Michael Madeira said, to prove criminal negligence, the commonwealth has to prove Fry's eyesight was so bad that he should not have been driving and that Fry knew of his alleged inability to drive.

McGlaughlin said the doctors were obligated by law to report Fry's eye damage to PennDOT.

Failing to make a report to PennDOT is a summary offense, but the charges must be filed within a span of 30 days.

Fry was originally diagnosed more than two decades ago, Madeira added.

According to the original accident report, Fry told the State College Police Department that he thinks he took his eyes off the road to reach for a soda and never saw Kulakowski.

McGlaughlin said he believes today's pretrial conference will be continued until a future date because of the pending motion.

"Given the fact that no discovery has been received and there is a pending motion, it is likely that the case will be continued until the next court period," he said.

However, Madeira said the conference today will last a few minutes and will involve the commonwealth's identification of its six witnesses, which will include two experts and four civilians.

He said jury selection will occur Oct. 2.

McGlaughlin added that whatever the outcome of the case, there are unfortunately tragic consequences for the victim and the family he left behind, as well as emotional damage for Fry.

"I don't know anyone who would want to get into the car after something like this," he added.

As a condition of Fry's bail, he was directed not to drive.

Fry holds a valid Pennsylvania driver's license and PennDOT has been informed of Fry's eyesight problems since the accident.