Trial begins in fatal crash case
Horsham man accused of vehicular homicide in Upper Dublin crash
A Horsham man operated his vehicle in a reckless fashion by speeding and he was the primary cause of a two-vehicle crash in Upper Dublin that killed a Glenside woman, a prosecutor argued to a Montgomery County jury.
“The defendant was going almost three times the legal speed limit. Interstate highway speed through a residential neighborhood,” Assistant District Attorney Matthew Brittenburg argued as the vehicular homicide trial of Erek Collier Cunningham got un-
der way on Monday.
Brittenburg argued Cunningham’s vehicle was traveling 66 mph in an area posted 25 mph in the seconds leading up to the 8:44 a.m. May 10, 2017, two-vehicle crash on Twining Road in Upper Dublin that claimed the life of Barbara Loeffler, 77, of Glenside.
The investigation by county detectives and Upper Dublin police determined that at the time of the collision Cunningham, operating a 2016 Toyota Tundra pickup truck, was traveling southbound on Twining Road, approaching the driveway entrance for an Acme shopping center, while Loeffler, operating a 2002 Honda Civic, was traveling northbound and attempting to turn left into the Acme entrance.
Brittenburg argued Cunningham
ignored multiple 25 mph speed signs “begging him to slow down” as he traveled on Twining Road.
“He persisted,” Brittenburg alleged. “He was unable to stop his truck.”
Brittenburg argued the evidence will show that when Loeffler observed Cunningham’s vehicle her point of view was that it was “almost a football field away” and she had a reasonable belief she could safely make the turn.
But defense lawyer John I. McMahon Jr. characterized the crash as a tragic accident and argued Cunningham’s conduct was not the primary, legal cause of the fatal crash.
“Nobody feels more remorse than Mr. Cunningham about this. Nonetheless, I submit to you this was an accident, a terrible accident,” McMahon argued during his opening statement to the jury of eight men and four women.
McMahon did not dispute that Cunningham was speeding. However, McMahon argued even though Cunningham’s speed was a factor, “the overriding cause of the crash” was Loeffler turning her vehicle in front of Cunningham’s oncoming vehicle.
McMahon argued there is no evidence Loeffler stopped before making the turn and he said there was nothing to impede her view of Cunningham’s oncoming pickup truck. McMahon pointed out an initial police report indicated Loeffler made a “careless turn.”
The jury will have to decide if Cunningham’s speed was the direct, substantial cause of Loeffler’s death.
Cunningham, 49, of the 100 block of New Road, faces charges of homicide by vehicle, exceeding maximum speed and reckless and careless driving. A conviction of homicide by vehicle carries a possible
maximum sentence of 3 ½ to seven years in prison.
Under Pennsylvania law, a person commits vehicular homicide if they recklessly or with gross negligence cause the death of another person while violating a motor vehicle regulation.
The trial before Judge Risa Vetri Ferman is expected to last four days.
McMahon did not reveal if Cunningham will testify during the trial. The trial is expected to include testimony from accident reconstruction experts for both sides of the case.
An investigation began when Upper Dublin police responded to the crash in the area of Twining Road and Timber Lane, at the entrance to the Acme and found both operators, Cunningham and Loeffler, injured. Cunningham and Loeffler were transported to Abington Hospital Jefferson Health for treatment.
At 1:15 p.m. Loeffler was
pronounced dead at the hospital. A subsequent autopsy determined Loeffler died of multiple injuries sustained in the crash.
The investigation was conducted by county detectives and Upper Dublin police.
“While completing the turn, the front of the Loeffler vehicle was struck head-on by the Cunningham vehicle,” county Detective Robert Turner and Upper Dublin Police Officer Michael A. Ciuffetelli alleged in the arrest affidavit.
After impact, Cunningham’s pickup truck traveled more than 19-feet and struck a utility pole “with enough velocity to move the pole as well as break it in two locations,” investigators alleged.
Crash scene investigators, relying on information obtained from the Toyota’s event data recorder as well as time and distance analyses, revealed Cunningham’s vehicle was traveling at 65 mph 4.6 seconds before deployment of the airbag and at 41 mph at the time of deployment.
“This analysis indicated that the speed of the Cunningham vehicle pre-impact and at impact was well over the posted speed limit,” Turner and Ciuffetelli alleged in the criminal complaint.
Investigators said a time and distance analysis “revealed that had the Cunningham vehicle been traveling at any speed less than 51 miles per hour it would have been able to stop prior to the crash” and that the Loeffler vehicle “would have been able to complete the left turn safely.”
Authorities alleged Cunningham operated his vehicle “with extreme recklessness” at a speed well in excess of the posted speed limit.
“The actions of Erek Cunningham resulted in the death of Barbara Loeffler,” Turner and Ciuffetelli alleged.