More than a year ago, former Penn State student Michael Drauch was struck by an alleged drunken driver, but just days before the driver's trial, he said he's "not innocent" either.
"I blame myself a little bit if she gets in trouble," Drauch said yesterday of Katherine Applegate, whose trial is scheduled for Monday. "If I had not been drinking that night, this would not have happened."
Police say Drauch registered a blood-alcohol content of .24 on Dec. 2, 2006, at 1:45 a.m., after he stumbled into the street in front of the Meridian Apartment complex, 646 E. College Ave., and was struck by 25-year-old Applegate's car.
The crash left the then-freshman Drauch unconscious on the roadway, bleeding from the head. According to court documents, Drauch's injuries included severe pain in his left leg, hip, knee and arm, referring to "spasticity" and "shock to his nerves and nervous system."
Drauch was transported to Mount Nittany Medical Center in critical condition and later flown to Geisinger Medical Center in Danville.
Applegate, a former student, faces a felony charge of accident involving death or personal injury and misdemeanor charges of driving under the influence and failure to comply with license restrictions.
After traveling three hours from Pittsburgh, Drauch said he will be ready to face Applegate for the first time since the accident at the trial on Monday. However, Drauch said a guilty verdict wouldn't provide him relief.
"I don't think it will give me closure," Drauch said. "To me, this is all just the results of my actions. I don't really need closure."
According to court documents, Applegate left the scene of the accident, and later, police registered her blood-alcohol content at .208 during her arrest at 3 a.m. that morning.
Centre County Assistant District Attorney Steve Sloane said Drauch's drunkenness is "irrelevant" to the trial on Monday. Sloane added that Applegate's aggravated assault while DUI charges were dropped and not refiled by his office because the accident reconstructionist "split the cause," rendering both Applegate and Drauch responsible.
"I think that for Michael to say that, it's pretty honest," Sloane said. "It's a pretty honest evaluation of the whole situation. It does not affect our case because the cause of the accident is not an issue anymore."
The real issue, Sloane said, is Applegate's alleged failure to comply with vehicle code regulations involving an accident wherein someone is hurt.
William Arbuckle, Applegate's attorney, said that although Drauch's drunkenness has no implications for Monday's trial, Applegate's drinking "had nothing to do with the accident."
"She was in her own lane, driving the speed limit and did not have time to stop," Arbuckle said.
Drauch's family attorney, Gary Ogg, said Applegate is responsible for the incident.
"Both people obviously had alcohol that night. My guy wasn't driving a two-ton car. He was walking," Ogg said. "To the extent that she chose to get behind the wheel of the car, she is responsible."
Drauch filed a civil complaint in early February, requesting $50,000 each from Zola New World Bistro, 324 W. College Ave., and its parent company, Kenash Inc., for allegedly "over-serving" Applegate the night of the incident. In addition, Drauch is also seeking $50,000 each from Applegate and Patricia Patten, a friend of Applegate's who told police she gave Applegate her keys after leaving Zola New World Bistro the night Drauch was hit.
The suit stems from information from preliminary hearing testimony, when it was discovered that Applegate spent about four hours drinking at the restaurant.
Ogg said Drauch doesn't even remember the accident.
"Last time I checked, you don't kill people walking down the street," Ogg said. "He doesn't even recall the facts of the accident. How can you ask him who's at fault?"
But Drauch, now living at home in Pittsburgh, said he spent the first four months of his recovery, "just thinking about how this was my fault."