The Mercury (Pottstown, PA)

Driver who struck pedestrian admits to vehicular homicide

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

NORRISTOWN » A Plymouth Township man, who authoritie­s say was speeding during a hit-and-run incident in Norristown, causing injuries that ultimately led to a pedestrian’s death, awaits his fate from a judge.

Kyle R. Haines, 33, of the 2000 block of Butler Pike, pleaded guilty in Montgomery County Court to a felony charge of homicide by vehicle in connection with the 8:54 p.m. May 5, 2016, hit-and-run incident at Barbadoes and West Lafayette streets that killed 51-year-old Todd Donohue. Judge Thomas C. Branca deferred sentencing until Feb. 20 so that court officials can complete a background investigat­ive report about Haines, including drug, alcohol and mental health evaluation­s.

Haines, who remains free on bail pending sentencing, faces a possible maximum sentence of 3½ to seven years in prison on the charge. However, state sentencing guidelines could allow for a lesser sentence.

County Assistant District Attorney John N. Gradel vowed to seek jail time against Haines.

“Because of his reckless disregard for the safety of people and his driving in a fashion that put people in danger of death, I believe it certainly warrants a sentence that includes jail time,” Gradel said.

By pleading guilty to the homicide by vehicle charge, Haines, who is represente­d by defense lawyer Frank Flick, admitted that while driving recklessly or with gross negligence he caused the death of another person.

“That is, he drove his vehicle with a willful or wanton disregard for the safety of another person,” Gradel explained.

Donohue, who police said was homeless, suffered severe head trauma and other traumatic injuries to his extremitie­s when he was struck by the vehicle, which was traveling south on Barbadoes Street. Donohue, who had been legally crossing Barbadoes Street at the time of the incident, was airlifted to Penn Presbyteri­an Hospital in Philadelph­ia in critical condition and remained unconsciou­s after experienci­ng hemorrhagi­ng of his brain and facial, pelvic and spine fractures.

When Haines was arrested several days after the crash in May 2016 he originally was charged with accidents involving personal injury, essentiall­y leaving the scene of a crash that caused injuries. However, when Donohue died on Sept. 20, 2016, the homicide by vehicle charge became an option for use by prosecutor­s.

Two witnesses to the crash told investigat­ors they saw Donohue crossing the street, “observed a vehicle approachin­g at a high rate of speed” or “heard a loud thump” and then saw Donohue lying in the roadway, according to the criminal complaint. Witnesses said Donohue, after being struck, was catapulted onto the hood of the vehicle and then into the air before landing in the street.

Witnesses said the driver never stopped to render aid and was last seen turning left to travel eastbound on West Lafayette Street. Witnesses provided police with a descriptio­n of the vehicle and investigat­ors also used video surveillan­ce to link the striking vehicle, a green 2000 Pontiac Sunfire coupe with a spoiler on the trunk, to Haines.

When Norristown police went to Haines’ home on May 6 Haines admitted he was driving the vehicle that struck Donohue. Specifical­ly, Haines said he was driving from Pottstown to his home in Plymouth when he struck the person in Norristown and left the scene without stopping or rendering aid, according to the criminal complaint filed by Detective David Mazza.

When detectives inspected Haines’ vehicle they “discovered a fabric imprint on the front of the vehicle” consistent with a pedestrian making contact with a moving vehicle and other damage to the front end and windshield of the vehicle, according to the arrest affidavit.

“Because of his reckless disregard for the safety of people and his driving in a fashion that put people in danger of death, I believe it certainly warrants a sentence that includes jail time.”

— County Assistant District Attorney John N. Gradel

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