The Mercury (Pottstown, PA)

Driver guilty of hit-and-run, striking jogger

- By Carl Hessler Jr. chessler@21st-centurymed­ia.com @MontcoCour­tNews on Twitter

NORRISTOWN >> A Pottstown man has been convicted by a jury of striking a jogger and leaving the scene of the collision on a rural Upper Frederick roadway.

Michael Alan Dilworth, 29, of the 300 block of West Walnut Street, was found guilty in Montgomery County Court of a felony charge of accidents involving personal injury in connection with the 5:28 a.m. Feb. 1, 2016, hitand-run that occurred in the 600 block of Fagleysvil­le Road in Upper Frederick.

The jury deliberate­d about 2½ hours before reaching its verdict after a two-day trial. The jury ac-

quitted Dilworth of a misdemeano­r charge of recklessly endangerin­g another person.

Judge Steven T. O’Neill, who presided over the trial, deferred sentencing so that court officials can complete a background investigat­ive report about Dilworth, who remains free on bail pending sentencing. Dilworth also was convicted by the judge of several summary traffic offenses, including careless driving and duty to give informatio­n and render aid.

Dilworth faces a possible maximum sentence of 3½ to seven years in prison on the charge, but state sentencing guidelines could allow for a lesser sentence. Dilworth also could face a mandatory minimum of three months in jail if prosecutor­s elect to use mandatory sentencing laws available to them for hit-andrun offenses.

Assistant District Attorney Laura Bradbury vowed to seek jail time against Dilworth.

“A hit-and-run is a serious offense. The defendant hit her with enough speed and velocity that it caused a huge dent in his car and his driver’s side window shattered. Rather than take responsibi­lity for his actions for what was an accident he chose to leave the scene and not give anyone his informatio­n in the hope that he would not be caught and evade any responsibi­lity,” Bradbury alleged.

With the conviction, the jury found that Dilworth caused serious

“A hit-and-run is a serious offense. The defendant hit her with enough speed and velocity that it caused a huge dent in his car and his driver’s side window shattered.” — Montgomery County Assistant District Attorney Laura Bradbury

bodily injury to the victim. The woman, who testified during the trial, suffered a concussion, a broken right fibula, loss of consciousn­ess and scrapes and bruises, according to court documents and testimony.

Dilworth, who was represente­d by defense lawyer Aaron Kostyk, did not testify at trial but his statements to police were read into the record for the jury.

State Police at Skippack responded to the scene of the collision and observed shattered glass along the roadway as rescue personnel provided medical care to the victim. The woman told police she was jogging southbound on the side of the road, facing oncoming northbound traffic, when she was struck. The woman added she had no recollecti­on of the events that transpired when she was struck, according to the criminal complaint.

A witness, another passerby, told police he was traveling northbound on Fagleysvil­le Road when he encountere­d a vehicle stopped in the roadway

and saw a man talking to a woman along the roadside, according to the criminal complaint filed by state police Trooper Susan Rivchin.

“He said she appeared to be disoriente­d as she was hunched over catching her breath and he could tell she was in pain. She was asking if someone could call her husband,” Rivchin alleged, adding the witness reported the man who had originally stopped got back into his vehicle, left the area and drove toward Route 73.

The witness provided police with a descriptio­n of the vehicle, “blue with a loud exhaust,” and a descriptio­n of the driver.

Informatio­n was obtained by residents of the Fagleysvil­le Road area that the vehicle and person matching the descriptio­n delivered newspapers for a Reading newspaper, according to the criminal complaint.

Police subsequent­ly developed Dilworth as a suspect and when they went to his Pottstown home they observed his blue Ford Escort with damage to its driver’s side door and side window, court papers indicate.

When confronted by police about the allegation­s, Dilworth said he was delivering newspapers at the time of the crash.

“Dilworth admitted he was distracted by reaching for a newspaper in his backseat and was not looking at the roadway during the time of the crash. Dilworth was apologetic and related he did not want to think he hit a person. He admitted to leaving the scene of the crash without contacting police,” Rivchin wrote in court papers.

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