Commonwealth v. Stitzel

27 Pa. D. & C.4th 193, 1995 Pa. Dist. & Cnty. Dec. LEXIS 102
CourtPennsylvania Court of Common Pleas, Berks County
DecidedNovember 22, 1995
Docketno. 1903/95
StatusPublished

This text of 27 Pa. D. & C.4th 193 (Commonwealth v. Stitzel) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Stitzel, 27 Pa. D. & C.4th 193, 1995 Pa. Dist. & Cnty. Dec. LEXIS 102 (Pa. Super. Ct. 1995).

Opinion

SMITH, J,

FINDINGS OF FACT

(1) On March 20, 1995, at approximately 6:30 p.m., Maureen Dudley was a passenger in her boyfriend’s pickup truck driving northbound from Lenhartsville towards Kempton on Route 143 in Berks County.

(2) Ms. Dudley testified at the preliminary hearing that as they came to a turn in the road she observed trucks approaching. Ms. Dudley testified that one of the trucks had only one headlight operating which made it difficult to distinguish between the two trucks.

(3) As Ms. Dudley’s vehicle approached the cab of the second truck, she testified that she observed an object hanging off the side of the truck. (N.T. 6/12/95 at 8.) The object extended into Ms. Dudley’s lane of travel to the extent that her boyfriend was forced to swerve off the road to the right to avoid a collision with the object.

(4) Ms. Dudley also testified that the truck’s tires had either crossed the double yellow line separating traffic or were on the line. (N.T. at 10.)

[195]*195(5) That same evening, shortly after 6 p.m., Sandra Felker testified that she too was travelling northbound on Route 143 from her place of work in the City of Reading.

(6) Ms. Felker testified that she was behind several cars all travelling northbound when she observed a tractor-trailer coming towards them through a curve in the road.

(7) Ms. Felker testified that the truck was “slightly on the wrong side of the road,” when it was initially navigating the curve. However, Ms. Felker stated that “as he came closer and closer, he proceeded to go further and further on the wrong side of the road to the point that it scared me enough to cause me to slow down tremendously.” (N.T. at 16.) Ms. Felker eventually pulled her car to the berm of the road to avoid a possible collision.

(8) At that time, Ms. Felker testified that she witnessed a collision between the tractor-trailer and a northbound pickup truck. Ms. Felker stated that the pickup was initially struck in the front. After the impact, Ms. Felker stated that the tractor-trailer attempted to turn back into its proper lane of travel. (N.T. at 18.) Ms. Felker further observed sparks flying as the truck continued to collide with the side of the pickup truck as the tractor-trailer continued moving.

(9) Ms. Felker stopped her car and ran to see if she could be of assistance. At that time, she observed that a second vehicle had also been involved in the accident. Ms. Felker then approached the pickup truck which had been struck and observed a male body inside the car. Ms. Felker remained at the scene and gave a statement to police.

[196]*196(10) Ms. Felker testified that she did not observe on the tractor-trailer any type of flashers or flags hanging off the truck. (N.T. at 22, 24.)

(11) The tractor-trailer did not stop at the accident scene.

(12) Richard Runkel Jr. testified that he observed the tractor-trailer moments after the accident occurred.

(13) Mr. Runkel was travelling northbound on Route 143. Mr. Runkel testified as to the following when he first observed the tractor-trailer:

“So all of a sudden, I saw this rig come out of the woods. It looked like it came out of a black curtain. There was no headlights. There was no running lights. There was nothing, but he was dead center in the middle of the road. He was halfway in my lane, halfway in his lane.” (N.T. at 36.)

In response, Mr. Runkel testified that he hit his brakes. He further testified that the tractor-trailer attempted to then get back into its lane, which it never completely did.

(14) Mr. Runkel also stated that he observed something sticking off the trailer portion of the truck into the northbound lane of travel. As the truck came closer Mr. Runkel observed that it was farm equipment hanging off the side of the truck. Mr. Runkel swerved off the side of the road to avoid a collision.

(15) Mr. Runkel testified that he observed no flags, signs, lights or other reflectors on the equipment or truck.

(16) As the truck passed, Mr. Runkel observed the name “Stitzel’s” on the side of the truck.

(17) Mr. Runkel then proceeded to drive north on Route 143. About a quarter mile further he came upon the accident scene.

[197]*197(18) Trooper Brace A. Edwards of the Pennsylvania State Police, Hamburg Station, testified that after his investigation of the accident scene he went to Stitzel Farm Equipment Company.

(19) Trooper Edwards testified that he arrived at the farm at approximately 8:10 p.m. The accident scene was approximately five miles northeast of the Stitzel residence/business.

(20) When he arrived at the scene, Trooper Edwards spoke with Trooper James Lesko. Trooper Lesko pointed out to Trooper Edwards damage to various farm equipment on the tractor-trailer, presumably resulting from the collision. The troopers then measured the distance the equipment protruded off the side of the trailer. The furthest measurement was four feet three inches for the piece of equipment which struck the victim’s track.

(21) After speaking with Trooper Lesko, Trooper Edwards entered the business trailer located on the premises and spoke with Brian Stitzel, and Paul Stitzel, defendant’s father. Defendant, Kevin Stitzel, was also sitting in the trailer.

(22) Trooper Edwards explained to Paul and Brian Stitzel that there had been a fatal accident in which one of their tracks was involved. Trooper Edwards then asked who was driving the tracks that night. Brian Stitzel said that he didn’t know. After further discussion, Trooper Edwards testified that defendant stood up and walked over to him.

(23) Trooper Edwards testified that defendant asked, “Was somebody really killed?” After Trooper Edwards responded “Yes,” he testified he said to defendant, “You know who was driving.” When defendant said nothing, Trooper Edwards testified he said, “You were driving that, weren’t you?” Defendant then said “Yes.”

[198]*198(24) During this discussion with defendant, Trooper Edwards testified that he could smell the odor of an alcoholic beverage on defendant’s breath. (N.T. at 58.) Trooper Edwards also testified that he could smell the cigarettes he’d seen defendant smoking, and a minty odor, from the candies that the trooper had seen defendant eating.

(25) When Trooper Edwards later spoke with defendant again approximately 10 minutes later, he testified that he was “getting the strong odor of alcohol coming off his breath.” (N.T. at 59.) Trooper Edwards asked defendant if he had anything to drink since his return. Trooper Edwards testified defendant replied “I haven’t had anything alcoholic to drink today.”

(26) Trooper Edwards also noted that defendant’s eyes were very glassy and glazed looking. Moreover, his movements were slow and methodical. (N.T. at 59.)

(27) Trooper Edwards then placed defendant under arrest and transported him back to the State Police Barracks in Hamburg. There, Trooper Edwards explained to defendant Pennsylvania’s Implied Consent Law.1 After that, defendant was transported to the Lehigh Valley Medical Center for a blood test. Defendant refused the test at 10:31 p.m. on March 20, 1995.

(28) Trooper Gary R.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
Pennsylvania v. Bruder
488 U.S. 9 (Supreme Court, 1988)
Commonwealth v. DeWitt
608 A.2d 1030 (Supreme Court of Pennsylvania, 1992)
Commonwealth v. Haynes
577 A.2d 564 (Supreme Court of Pennsylvania, 1990)
Commonwealth v. Williams
602 A.2d 350 (Superior Court of Pennsylvania, 1992)
Commonwealth v. Williams
650 A.2d 420 (Supreme Court of Pennsylvania, 1994)
Cullenen v. Commonwealth
588 A.2d 988 (Commonwealth Court of Pennsylvania, 1991)
Commonwealth v. Jasper
587 A.2d 705 (Supreme Court of Pennsylvania, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
27 Pa. D. & C.4th 193, 1995 Pa. Dist. & Cnty. Dec. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-stitzel-pactcomplberks-1995.