Citations now filed in Upper Mac fatal crash
Lehigh County District Attorney Jim Martin has announced citations were filed March 20 against Christopher Lee, 29, of Whitehall Township, after an investigation into a fatal accident in October in Upper Macungie Township.
Martin announced on March 19 Lee did not engage in any criminal conduct that was a principal factor in causing the death of a Jordan Steinmetz, 14, who was struck by Lee's vehicle as he was trick or treating.
Upper Macungie Township police filed the citations against Lee in the office of District Judge Michael Faulkner on Wednesday.
Lee was cited for failing to have insurance and current registration and for an equipment violation for having a cowl induction hood, which violates state code.
"There was no evidence to indicate that those summary offenses were a substantial cause of the accident that would warrant the filing of more serious criminal charges," Martin said.
"The motorist was cited on Wednesday because the investigation and the decision not to file more serious charges was only recently made," Martin said. "Police do not file summary offense citations while the principal investigation is pending."
According to Martin, two boys were walking west along a residential section of Schantz Road at about 8:20 p.m. on Oct. 26, 2012, when Steinmetz was struck by Lee's vehicle, which was traveling west on Schantz Road.
The accident happened near 6429 Schantz Road, where there are no shoulders or curbs and the posted speed limit is 35 mph.
It was a partly cloudy night, and there are no streetlights in the area.
Steinmetz was wearing dark, non-reflective street clothes.
He was walking on the road in the same direction as traffic approaching from behind him.
Lee immediately stopped, called for help and checked on both boys.
He stayed at the scene and cooperated fully with police, Martin said.
Steinmetz was taken to Lehigh Valley Hospital, Salisbury Township, where he later was pronounced dead.
Martin said a portable breath test was administered to Lee at the scene of the accident and that there was a negative reading, indicating no alcohol had been consumed.
Lee also was administered a field sobriety test to determine whether he was under the influence of drugs or alcohol, which he passed.
"There was no evidence that drugs or alcohol played a role in the accident.
Police cannot administer a blood test unless there is probable cause to believe alcohol was involved, and in this case, there was no evidence of alcohol or drug use," Martin said.
Police analyzed Lee's cell phone, and there was no evidence that the motorist was distracted, Martin said.
They also checked his phone log for calls and text messages.
Police analyzed evidence at the scene, made a diagram of the area, interviewed Lee and the other boy, and inspected the vehicle.
They also interviewed a motorist who said he was traveling west on Schantz Road shortly before the accident and saw two young boys walking westbound in the westbound travel lane.
The motorist said the boys were dressed in dark clothing and were difficult to see.
The driver said he swerved into the oncoming lane to avoid a collision.