The Daily Collegian Online	 - Published independently by students at Penn State NEWS
[ Tuesday, Jan. 23, 2007 ]

Plea deal sought in vehicular homicide case
Officials say the victim's family will be consulted before any offer is made.

Collegian Staff Writer

A possible plea bargain for the man accused of striking and killing a Penn State professor with his van will be discussed by the victim's family and Centre County officials Monday, an assistant district attorney said.

Police said Thomas Fry, 51, of Boalsburg, was driving his company's van along Boalsburg Road on 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.

Assistant District Attorney Steve Sloane said he might offer a plea bargain to Fry, but he wanted to consult with Kulakowski's daughter and widow to ensure they feel "some type of justice."

"I want to see what they feel like," he said.

Fry is charged with homicide by vehicle, involuntary manslaughter, reckless and careless driving and disregarding a traffic lane.

At Fry's preliminary hearing in June, two State College doctors testified that he was diagnosed with a degenerative eye disease in the 1980s. Sloane has argued that Fry should not have been driving because he knew about his eye condition.

Ron McGlaughlin, Fry's attorney, has argued that the two doctors who testified concerning Fry's eye condition have never reported the condition to the Pennsylvania Department of Transportation.

McGlaughlin filed a motion in August requesting that charges of homicide by vehicle and involuntary manslaughter be dropped. He argued that the evidence was "more consistent with an individual who took his eyes off the road while reaching to his right for a soda bottle" than Fry being legally blind, according to court documents.

However, Centre County Judge David Grine denied McGlaughlin's motion on Jan. 12.

Sloane said it was "legally irrelevant" whether the doctors reported Fry's condition to PennDOT because Fry knew about his condition.

"It's something every time he gets in the car and looks with his own eyes he's aware of," Sloane said. "He could have controlled this."

McGlaughlin did not return multiple calls by press time.

Sloane said he would also consult with Centre County District Attorney Michael Madeira on the issue of a plea bargain.

Madeira said he had discussed a possible plea bargain but would not comment on it.

Jury selection for Fry's case is scheduled for Feb. 5 and 6. Sloane said he would try to extend any offer before the selection begins.

If a plea bargain does not take place, a trial could be scheduled any day between Feb. 6 and the first week in April, Sloane said.


 



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