Abington driver acquitted in pedestrian accident
NORRISTOWN >> An Abington man was acquitted of the most serious charges in connection with an incident during which he struck a 14-year-old girl with his vehicle as she crossed a street in front of Abington Senior High School and was using FaceTime to talk to her friend.
James Harry Clark IV, 34, of the 2100 block of Susquehanna Road, was acquitted in Montgomery County Court on Wednesday of a felony charge of aggravated assault by vehicle as well as charges of recklessly endangering another person, reckless and careless driving and speeding in connection with the 2:45 p.m. Aug. 23, 2017, pedestrian crash at Highland Avenue and Canterbury Road.
Judge William R. Carpenter rendered the verdict after hearing three days of testimony during a non-jury trial.
Essentially, Carpenter determined prosecutors failed to present sufficient evidence that Clark was acting recklessly or with gross negligence or that he disregarded a substantial risk of injury to another person at the time of the incident.
“I think he’s relieved, obviously,” defense lawyer Marc R. Steinberg said on behalf of Clark after the acquittal was announced, adding the incident was “a sad situation.”
Steinberg added Clark “felt bad” that the girl was hurt but maintained he was not at fault.
During the trial, Steinberg argued there was not sufficient time for Clark “to perceive, react and avoid” striking the girl and that there was not sufficient evidence to prove Clark was speeding at the time, as prosecutors alleged.
The judge convicted Clark only of less serious summary offenses, including operating a vehicle without valid inspection and failure to yield right of way to a pedestrian. Carpenter ordered Clark to pay a total of $225 in fines with no further penalty.
The victim, who at the time of the incident was a freshman at Abington Senior High School, suffered multiple injuries, including liver, kidney and spleen lacerations, a concussion and numerous fractures to her pelvis and leg, a dislocated shoulder and eye and eyelid injuries, according to testimony and court documents. The girl underwent surgery and rehabilitative therapy.
The girl testified during the trial that she was engaged in a Facetime chat with a friend at the time of the incident but did not recall being struck by Clark’s 2002 Subaru Forester.
“I do not remember that day. I remember waking up in a hospital bed,” the girl testified.
Officers responding to the crash found the girl unresponsive, lying 102 feet south of the crosswalk.
Clark stopped immediately and called 911 and appeared upset after the crash, according to testimony.
During the trial, Assistant District Attorney Lauren Heron suggested Clark acted recklessly and negligently by speeding and being distracted by two passengers in his vehicle or by glancing at his watch to the point he did not observe the girl in the crosswalk as he traveled southbound on Highland Avenue and approached the intersection with Canterbury
Road.
“He’s got a duty to see her. What’s he looking at? I don’t know but he does not see her and he has a duty to see her,” Heron argued to the judge. “This is a crosswalk and pedestrians have the right of way. Other drivers saw her.”