PENNSYLVANIA: Taxi driver in crash that killed five motorcyclists waives hearing...

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http://articles.lancasteronline.com/local/4/322563
Taxi driver in crash that killed five motorcyclists waives hearing

Intelligencer Journal Lancaster New Era Updated Dec 08, 2010 21:07 By TOM MURSE, Staff Writer Media Center
Alfred Moore

POLICE LOG The Harrisburg taxi driver charged with vehicular homicide in the deaths of five motorcyclists in Penn Township last June has waived his initial court appearance.
Alfred Moore was scheduled to appear at a preliminary hearing before District Judge Thomas Fee in Manheim on Wednesday afternoon.
But Moore, 65, informed the court on Monday that he would waive the hearing and agreed instead to proceed to trial in Lancaster County Court.
A trial date has not been set.
Moore remains free after posting $50,000 bail Sept. 10, eight days after being charged and placed in Lancaster County Prison, court records show.
Police allege Moore caused the June 27 crash when the Harrisburg City Cab van he was driving north on Route 72 crossed into oncoming traffic and collided with the three motorcycles, each carrying a driver and passenger.
Killed were Joshua Pennington, 27, of East Earl Township; Linda Lapp and her husband, Samuel, both 48 and residents of New Holland; and Amy Wilhelm, 50, and her husband, Dennis "Butch" Wilhelm, 43, of Manheim Township.
A sixth motorcyclist, 27-year-old Kristin Skowood of East Earl Township, was the only survivor among the motorcyclists. She was treated for serious injuries at Lancaster General Hospital and continues to recover at home. The daughter of Linda Lapp, Skowood was engaged to Pennington.
Authorities allege Moore, who has had diabetes for 15 years, was suffering from severe hypoglycemia, or low blood sugar, at the time of the 5 p.m. crash because he had skipped lunch earlier in the day, according to the criminal complaint.
Prosecutors allege Moore failed to treat his condition that day, causing him to drive erratically and lose control of the van.
The legal consideration in charging a driver with homicide by vehicle is not intent but recklessness. District Attorney Craig Stedman has said Moore's severe hypoglycemia left the cab driver "incapable of operating the vehicle in a safe manner."
Courts have upheld convictions in cases in which the defendant was aware of his medical condition but declined to maintain his health.
In addition to the vehicular homicide charges, Moore is charged with two counts of recklessly endangering another person, reckless driving and disregarding a traffic lane.
If convicted, he would face a maximum of 39 years in prison.
Moore's attorney, identified in court records as Joseph Dominick Caraciolo, did return a call seeking comment.