Philadelphia man given year in jail in fatal crash
A Philadelphia man was sentenced to a year in jail, less a day, on Friday in Carbon County court on a charge of involuntary manslaughter stemming from a fatal crash along the Northeast Extension of the Pennsylvania Turnpike.
James J. Walker, 22, was sentenced by Judge Steven R. Serfass to up to two years, less a day. The jail term will be followed by one year of probation.
Walker pleaded to the charge stemming from a fatal crash along the turnpike in Penn Forest Township on April 16, 2016.
According to the affidavit of probable cause filed by trooper Barry Wooten of the Pocono barracks, he investigated a crash at mile marker AB2.3 northbound. A 2010 Ford Crown Victoria and five occupants were involved in the crash.
The crash occurred as Walker lost control of the vehicle while in the left lane passing other vehicles. After losing control, the vehicle crossed the right lane and left the roadway off the northbound berm. The vehicle traveled up an embankment and back onto the roadway, during which a back-seat passenger was ejected onto the road.
The passenger, Derek C. Mitchell, died at the scene. He was pronounced dead by Carbon County Deputy Coroner Gerald Jones.
Two other passengers were flown to medical centers due to injuries suffered from the crash. Dajon Worrells was flown to St. Luke’s University Hospital Bethlehem Campus, and Robert Wilkerson was flown to Lehigh Valley Hospital, Cedar Crest.
While on scene, Wooten interviewed Walker, who said that as he was passing a bus, the steering wheel began to shake and he then lost control of the vehicle. Walker was in possession of a backpack that Wooten noticed smelled of raw marijuana. Walker claimed that there was marijuana in the pack and he had intended to sell it at a block party in Bloomsburg, which was his destination that night.
Wooten took possession of a total of 34.01 grams of suspected marijuana packaged in baggies, vials and small plastic jars for individual sale.
In exchange for the plea the district attorney’s office dropped charges of homicide by vehicle, possession with intent to deliver a controlled substance, three counts of recklessly endangering another person, possession of a controlled substance, possession of marijuana and five summary motor vehicle code violations.
Chief Public Defender Gregory Mousseau said Walker knows that speed was the cause of him losing control of his vehicle and as a result a person died.
Walker told the court, “Nothing I can say will make this right.”
He said he was ready to accept what the court decides.
Also speaking to the court was Walker’s father, who asked that no jail term be imposed.
The victim’s mother spoke, asking Serfass to impose a jail term to bring her closure.
Walker had applied for placement in the county’s intermediate punishment program — house arrest — but the adult probation office rejected the request citing three reasons. One, that Walker has an outstanding warrant for his arrest in Florida; two, Philadelphia County does not accept defendants in such cases to its IPP program; three, giving the defendant house arrest would send the wrong message to the public.
Serfass said he agreed with the probation office’s rejection of the IPP application.
Serfass said it was a tragic situation and he felt that Walker has express remorse for what happened. Serfass said, however, the fact remains that excess speed played a role in the crash that “cost a young man his life.”
In addition to the jail term, Serfass ordered Walker to get a drug and alcohol evaluation and follow any recommendation for treatment, zero tolerance for drug or alcohol use, pay court costs of about $1,000, pay a $50 per month supervision fee while on parole and probation, and render 150 hours of community service when paroled.
He will begin the jail term at 9 a.m. on Nov. 9.