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[ Tuesday, Feb. 6, 2007 ]

Fry case close to plea bargain
Thomas Fry, charged with homicide by vehicle for allegedly hitting a professor, tentatively accepted a plea bargain offer.

Collegian Staff Writer

A Boalsburg man charged with vehicular homicide and manslaughter for his alleged role in the death of a Penn State professor tentatively accepted a plea bargain yesterday, the district attorney said.

Thomas B. Fry, 51, is charged with homicide by vehicle, involuntary manslaughter, reckless and careless driving, and disregarding a traffic lane.

Centre County District Attorney Michael Madeira said Fry, whose case was originally scheduled for jury selection today, has tentatively accepted the plea offer.

However, Madeira said that he could not discuss the terms "until and unless" Fry enters a plea.

If he does accept, it will occur on March 27.

According to court documents, Fry's vehicle struck the bicycle of Bohdan Kulakowski, 63, a Penn State mechanical engineering professor, on Boalsburg Road March 22. Kulakowski died at the scene from internal chest trauma.

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

However, the doctors did not report the condition to PennDOT, according to court documents.

Fry said during the preliminary hearing that neither PennDOT nor a doctor had told him that he was not allowed to drive because of his eye condition.

In September, Ron McGlaughlin, Fry's attorney, filed a motion that requested Fry's two charges of homicide by vehicle and involuntary manslaughter be dismissed altogether.

He argued that there was not enough evidence to prove his client was "reckless or grossly negligent," according to court documents.

Centre County Judge David Grine denied that motion on Jan. 12.

McGlaughlin did not return calls for comment as of press time yesterday.

Collegian Staff Writer Halle Stockton contributed to this report.


 

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Updated: Monday, February 05, 2007  11:43:47 PM  -4
Requested: Monday, October 13, 2008  12:10:06 AM  -4
Created: Wednesday, May 07, 2008  6:59:35 PM  -4