HERSHEY, Pa. — The driver involved in a March 3 crash that killed a pedestrian in Derry Township will be charged with careless driving resulting in an unintentional death, but will avoid the more serious charge of homicide by vehicle, Derry Township Police said Friday.
Michelle Walls, of Hershey, was driving a GMC Yukon SUV that struck and killed 65-year-old Karl Piasecki as he crossed West Chocolate Avenue at about 7:30 a.m. on March 3, police say.
An investigation determined Piasecki was lawfully within the crosswalk when he was struck by Walls, who did not see him as she turned left from Ridge Road.
Derry Township Police say they considered charging Walls with the more serious offense of homicide by vehicle, but declined to do so after consultation with the Dauphin County District Attorney's Office.
"The more serious charge calls for 'recless and/or gross negligence' on the part of the driver," police said in a release announcing the decision. "The Pennsylvania appellate courts have consistently held that mere negligence is insufficient to support a Homicide by Vehicle charge. As a matter of law, we could not bring misdemeanor or felony charges in this case."
Police say Derry Township's engineering firm, HRG, is working to bring any possible changes that could make the downtown corridor of Hershey safer for vehicles, bicycles, and pedestrians in the wake of the crash.
"We will be bringing those improvements forward to PennDOT for possible implementation," police said on behalf of the township.
